SHELBY COUNTY MAYOR A. C. Wharton

SHELBY COUNTY BOARD OF COMMISSIONERS

David Lillard, Chairman

Joe S. Ford Deidre Malone

Henri E. Brooks Mike Carpenter

George S. Flinn, Jr. Sidney Chism

J.W. Gibson, II Joyce Avery

James M. Harvey Wyatt Bunker

Mike Ritz Steve Mulroy

ANNUAL REPORT

CRIMINAL COURT OF MEMPHIS AND SHELBY COUNTY

201 Poplar – Suite 401 Memphis, Tennessee 38103

2007

William R. Key, Criminal Court Clerk

Thirtieth Judicial District At Memphis

CRIMINAL COURT JUDGES

Paula Skahan Division I W. Otis Higgs, Jr. Division II John P. Colton, Jr. Division III Carolyn Wade Blackett Division IV James M. Lammey, Jr. Division V W. Fred Axley Division VI Lee V. Coffee Division VII Chris Craft Division VIII W. Mark Ward Division IX James C. Beasley, Jr. Division X

2 TABLE OF CONTENTS

Clerk’s Profile 4

Clerk’s Photo 5

Appointed Officials 6

Organizational Chart 8

Tennessee Court Structure 9

State Trial Courts 11

Operations Division Supervisory Staff 14

Operations Statistical Information 17

Administrative Services Division Supervisory Staff 55

Administrative Services Division Statistical Information 57

Finance Division Supervisory Staff 64

Finance Division Statistical Information 67

Miscellaneous Data 74

Glossary 76

3 WILLIAM R. KEY

Criminal Court Clerk Thirtieth Judicial District at Memphis

William R. Key was re-elected to the position of the Criminal Court Clerk and assumed the office for a fourth term on September 1, 2006.

Keeper of the records for Criminal Court of Shelby County

Former coach and teacher at Hillcrest High School where he taught Economics, American History, and Psychology and also coached interscholastic sports

Former Administrative Assistant to Juvenile Court Judge Kenneth A. Turner Responsible for administrative procedures and supervision of nine departments

Former Director of Student Financial Aid at Christian Brothers University

Former Director of Memphis and Shelby County Youth Guidance School (Tall Trees)

Former Memphis Police Officer

Bachelor of Science: Memphis State University Masters in Administration: Memphis State University Certified Public Administrator: U. T.

COMMUNITY ACTIVITIES

Christ the King Lutheran Church Parenting Coalition Memphis Youth Initiative Variety Club of Memphis Whitehaven Optimist Club Pres. Crimestoppers Board Memphis Youth Guidance Commission C.O.A.T. Board Tennessee Probation Officers Association S.E. Republican Party Pres/Treasurer Juvenile Drug and Delinquency Prevention Initiation Member Republican Shelby County Steering Comm.

4 PHOTOGRAPH

As the keeper of the records, it is the mission of the Criminal Court Clerk to maintain unimpeachable integrity, be open to correction, willing to identify problems as they arise and speak the truth boldly.

5 ADMINISTRATIVE STAFF

Mr. Ray Turner Chief Administrative Officer (CAO) Mr. Turner has a Masters Degree and Bachelors Degree from University of Memphis. He retired with the rank of Captain from the Memphis Police Department where he was responsible for all communication functions. He was the chairman of the N.C.I.C. Advisory Policy Board and was chairman of the T.I.E.S. communication system for the State of Tennessee for a period of three years. The Chief Administrative Officer is responsible for the overall administration of the Clerk’s office facilities and services. As the CAO, he directly supervises the Director of Operations, Director of Finance and Director of Administrative Services.

Mrs. Maerne Bernard Director of Operations Mrs. Bernard is a career employee with twenty-five years experience in the Criminal Justice System. Her career began in the Criminal Court Clerk’s office in 1982 as a Courtroom Clerk. Since that time she has developed an expertise in the operations of the Criminal Court System by serving in various areas and serves as liaison to the Criminal Court Judges. The Director of Operations is responsible for the Appeals Department, Courtroom Clerks, Data Input, Grand Jury Department, Mittimus Department, Warrant Department and Property and Evidence Department.

Mrs. Janis Dunavant Director of Administrative Services Mrs. Dunavant began her career with Shelby County some twenty-nine years ago with the last seven years in the Criminal Court Clerk’s office. Along with developing policies and procedures for the Clerk’s office, the Director of Administrative Services is responsible for the Personnel and Payroll Section and Customer Service. These sections are supervised and coordinated in accordance with the policies and directives of the Clerk’s office.

Mr. Frank Warren Young Director of Finance Mr. Young began his career in the Criminal Court Clerk’s office in 1970 and in 1974 continued his career with the State of Tennessee as an Investigator for the District Attorney General’ s Office where he was employed over 20 years as an Assistant Chief Investigator. Mr. Young has a Bachelor’s Degree from MSU in Police Administration, a Master’s Degree from MSU in Public Administration and graduated from the FBI National Academy in 1982. He is a career employee with over 39 years experience with both Shelby County Government and the State of Tennessee. The Director of Finance is responsible for the supervision and coordination of the Accounting Department, Bond Department, and the Collection Department.

Mrs. Janice Walker Executive Secretary Under the direction of the Criminal Court Clerk, the Executive Secretary performs various designated administrative, secretarial and confidential duties requiring a high degree of judgment and tact. The Executive Secretary also receives, transmits and informs division heads and other operating personnel of policies established, administrative decisions reached, and problems solved. The Executive Secretary takes initiative in planning work, solving office problems and expediting the flow of work in the Clerk’s office. The Executive Secretary plans special activities and varied projects by interacting with all staff members to assure completion of successful plans.

Ms. Debra Guasco Administrative Specialist Mrs. Guasco began her career with Shelby County more than 20 years ago with the last six years in the Criminal Court Clerk’s Office. She has served in various areas and has obtained a good working knowledge of the office functions. As the Training Coordinator, she is responsible for training programs in all departments within the office. Responsibilities include developing and delivering effective programs for employees as requested by their supervisors. She determines training needs and develops effective educational activities that promote the attitudes, knowledge, and skills needed to ensure quality performance on the job. The training coordinator also has the responsibility of researching and compiling data to develop and maintain the Policy and Procedures Manual, Annual Report, Forms Book and Rules Of Court for the Clerk’s office. Working with other official agencies, individuals and groups is essential for the Training Coordinator to promote public programs and develop extensive contacts with all levels of County government to gain acceptance of new revised administrative procedures.

Mr. Arnold Weiner Security Coordinator The Security Coordinator is responsible for providing floor security for the Clerk’s office and developing and implementing policies and procedures related to the security of the Clerk’s office. Special concerns shall be given to the security of money, records and safety of employees. It is the additional responsibility of the Security Coordinator to investigate any suspected illegal activity involving the Clerk’s office.

7 ORGANIZATIONAL CHART

Criminal Court Clerk

Attorney II Executive Secretary - Chief

Coordinator of Special Projects Administrative Specialist I

Chief Administrative Officer

Director of Finance Director of Operations Director of Adm. Services Manager A Manager A Manager A

Property & Evidence Information Technology Manager B Administrative Property & Evidence Manager of Information Services Spec. II Specialist Services Purchasing/Supplies Supervisor B Manager B Deputy Clerks Office Systems Technician

Accountant C Grand Jury/ Personnel/Payroll Data Input Administrative Services Accountin g Clerk Supervisor B Specialist II Courtroom Deputy Clerks Grand Jury Courtroom Jail Release Coordinators Specialist Coordinator Bonds/Warrants Bonds/Warrants Coordinator Principal Principal Clerks Principal Clerk Clerk

Principal Clerk Customer Service Deputy Clerks Deputy Clerks Customer Service Specialist Deputy Clerk Mittimus Mittimus Appeals Customer Service Coordinator Appeals Coordinator Collections Coordinator Supervisor B Deputy Clerks Principal Clerks Principal Clerks Collections Accounts & Cost Analysis Principal Clerk Deputy Clerks

Collection Counselors Administrative Garnishment Deputy Clerks Services Specialist I Garnishment Coordinator

TENNESSEE COURTS

SUPREME COURT

The Tennessee Supreme Court is the state’s highest court and court of last resort. The five Supreme Court justices hear appeals of decisions from other courts and interpret the laws and Constitution of Tennessee and the United States. Justices, elected on a “yes-no” vote every eight years under the revised “Missouri Plan”, known as the “Tennessee Plan” represent each of the state’s three grand divisions. By constitutional mandate, the court meets in Knoxville, Nashville, and Jackson.

The Supreme Court has jurisdiction to review civil and criminal cases appealed from lower courts. Appeals are granted or denied at the discretion of the justices, except in capital punishment cases, where appeals are automatic.

The state Supreme Court’s jurisdiction was expanded in 1992 by the Appellate Court Improvements Act. Under the act, the state’s high court may assume jurisdiction over undecided cases in the Court of Appeals or Court of Criminal Appeals when there is special need for an expedited decision. The Supreme Court also has jurisdiction in cases involving state taxes, the right to hold public office or issues of constitutional law.

Attorneys present arguments before the Supreme Court. Unlike trials in lower courts, there are no witnesses, juries or testimonies. After justices have heard oral arguments and reviewed attorney’s written materials, known as briefs, they issue written decisions, or opinions. Tennessee Supreme Court opinions can be appealed only to the federal courts which may or may not agree to consider an appeal.

INTERMEDIATE APPELLATE COURTS

The 12 member COURT OF APPEALS does just what its name suggests. The Court of Appeals hears most appeals of civil – or non-criminal cases from lower courts. All final decisions of the Court of Appeals may be appealed to the Tennessee Supreme Court. The court of Appeals meets in Knoxville, Nashville, and Jackson sitting in panels of three judges.

Court of Appeals judges are selected under the Tennessee version of the “Missouri Plan”. When a vacancy occurs in the Court of Appeals, the 15-member Judicial Selection Commission recommends three candidates from the grand division of the state in which the vacancy exists. The governor appoints a new judge from the list of three candidates.

Court of Appeals judges run on a “yes-no” ballot every eight years. Voters decide to retain or reject the judges, who run unopposed.

The COURT OF CRIMINAL APPEALS hears trial court appeals in felony and misdemeanor criminal cases. The nine Court of Criminal Appeals judges also are selected under Tennessee’s version of the “Missouri Plan”.

Panels of three judges sit monthly in Jackson, Knoxville, and Nashville to hear cases. As with the Court of Appeals, the Court of Criminal Appeals meets at other places and times as necessary.

Also like the Court of Appeals, the Court of Criminal Appeals does not conduct trials. Instead, the records of the original trials in lower courts are reviewed, with attorneys presenting the legal issues.

STATE TRIAL COURTS

Tennessee’s 95 counties are divided into 31 judicial districts. Within each district are Circuit Courts and Chancery Courts as provided by the state Constitution. Some districts also have legislatively established Criminal Courts. Judges of these courts are elected to eight-year terms. The jurisdiction of Circuit, Chancery and Criminal Courts may be increased or diminished by the legislature.

Circuit, Chancery, and Criminal Court judges in each of the 31 judicial districts annually choose one judge from among them to be the presiding judge for the district. It is the duty of the presiding judge to provide orderly and efficient administration of justice within the district. Trial judges, who are elected to eight-year terms, are authorized by stature to exercise jurisdiction in any trial court in the state.

CIRCUIT COURTS are courts of general jurisdiction in Tennessee. Circuit judges hear civil and criminal cases and appeals of decisions from City, Juvenile, Municipal and General Sessions courts. The Jurisdiction of Circuit Courts often overlaps that of the Chancery Courts. Criminal cases are tried in Circuit Court except in districts with separate Criminal Courts established by the General Assembly.

CHANCERY COURTS are a good example of the court system’s English heritage. The traditional equity courts are based on the English system in which the chancellor acted as the “King’s conscience”. Chancellors may, by law and tradition, modify the application of strict legal rules and adapt the relief given to the circumstances of individual cases.

CRIMINAL COURTS were established by the General Assembly to relieve Circuit Courts in areas where they are justified by heavy caseloads. Criminal Courts exist in 13 of the State’s 31 judicial districts. In addition to having jurisdiction over criminal cases, the 29 Criminal Court judges hear misdemeanor appeals from lower court. In districts without Criminal Courts, criminal cases are handled at the trial level by Circuit Court judges.

PROBATE COURTS in Shelby and Davidson counties were created by the legislature and given exclusive jurisdiction over probate of wills and administration of estates. The courts also handle conservatorships and guardianships.

COURTS OF LIMITED JURISDICTION

The GENERAL SESSIONS COURT jurisdiction varies from county to county based on state laws and private acts. The court that hears civil and criminal cases, including matters formerly handled by justices of peace, services every county. Civil jurisdiction is restricted to specific monetary limits and types of actions. Criminal jurisdiction is limited to preliminary hearings in felony cases and misdemeanor trials in which a defendant waives the right to a grand jury investigation and trial by jury in Circuit or Criminal Court. General Session’s judges also serve as juvenile judges except in counties in which the legislature has established a separate Juvenile Court. General Session’s judges are elected to eight-year terms.

JUVENILE COURT jurisdiction is vested in General Sessions Courts in all counties except those in which the law establishes special Juvenile Courts. Juvenile Courts have exclusive jurisdiction in proceedings involving minors alleged to by delinquent, unruly dependent and neglected, Juvenile Courts also have concurrent jurisdiction with Circuit, Chancery and Probate Courts in some areas.

MUNICIPAL COURT, also known as CITY COURT, has jurisdiction in cases involving violation of city ordinances. Generally, a city judge has authority to assess fines up to $50 and jail sentences up to 30 days. However, the jurisdiction varies widely from city to city. About 300 Tennessee cities have Municipal Courts.

12 13 OPERATIONS - The division of an organization that carries out the major planning and operating functions.

OPERATIONS DIVISION

Maerne Bernard, Director Sandra Cross Peterson, Deputy Director The Director of Operations, with the assistance of the deputy director, shall be responsible for the supervision and coordination of all departments of the Operation divisions in accordance with the policies and directives of the Clerk’s office. The Operation Division provides the core functions of the Clerk’s office and is divided into the following six sections.

APPEALS SECTION Tim Lewis, Supervisor The Appeals Section is responsible for the accurate transmission of the technical record in all cases appealed to higher courts. All court minute entries, filings, transcripts and exhibits entered as the case progresses through the courts must be viewed, examined and proofread to ensure compliance with the Tennessee Rules and Appellate Procedures. The Appeals Section also provides leadership and guidance to the courtroom clerks on technical questions regarding recording to the day’s minute entries on jury trials and on special hearings.

COURTROOM CLERKS Sandra Brown, Supervisor Sandra Sandidge, Supervisor The Courtroom Clerks Section performs one of the most important functions of the Clerk’s office, the daily operation of the Criminal Courts. Each division of the court has two clerks assigned to it who prepare all legal documents and orders issued by the Court. The clerks also maintain a permanent record of all Court activity in the Court Minutes, maintain the docket of cases for each division, swear in jurors and witnesses, and maintain all case jackets.

DATA INPUT SECTION Steve Collier, Supervisor The Data Input Section is responsible for entering all information on each case and defendant into the Justice Support System and also entering information on the bar code tracking system for each indicted case; new records must be entered into the database and defendant information updated or created. All petitions, motions and orders must be entered and cross checked.

GRAND JURY SECTION

Steve Collier, Supervisor The Grand Jury Section is responsible for processing all new indictments, creating bar code labels for indictment files and handling criminal arrests and bind overs from General Sessions Criminal Court. The Grand Jury section also keeps the records of defendant’s time spent in jail for application toward jail credit if the defendant is convicted and if time is to be served.

MITTIMUS SECTION Phyllis Sheppard, Supervisor The Mittimus Section is responsible for processing all judgments issued by the Court. All cases involving guilty verdict pleas are sent to this department for final processing.

PROPERTY AND EVIDENCE SECTION Carl Townsend, Supervisor The Property and Evidence Department is responsible for property received from the Memphis Police Department property room and all other sources of property used by the Criminal Courts for evidence. This allows an expedient process of presenting evidence in the criminal courts until time of court presentation and final disposition. Items stored by this department include drugs, weapons, monies, clothing, jewelry, small appliances, tools and electronic equipment. Video cameras and a sound movement activated alarm system are used to secure these items until needed in court.

OPERATIONS STATISTICAL INFORMATION

CRIMINAL FILINGS

2005 FELONY TRUE BILLS OF INDICTMENT 9,091 MISDEMEANOR TRUE BILLS OF INDICTMENT 6,837 PETITIONS & MOTIONS¹ 5,921 NOT TRUE BILLS OF INDICTMENT 42 TOTAL BILLS OF INDICTMENT² 21,891

2006 FELONY TRUE BILLS OF INDICTMENT 16,858 MISDEMEANOR TRUE BILLS OF INDICTMENT 6,960 PETITIONS & MOTIONS1 1,450 NOT TRUE BILLS OF INDICTMENT 33 TOTAL BILLS OF INDICTMENT 29,741

2007 FELONY TRUE BILLS OF INDICTMENT 16224 MISDEMEANOR TRUE BILLS OF INDICTMENT 6342 PETITIONS & MOTIONS¹ 3027 NOT TRUE BILLS OF INDICTMENT 26 TOTAL BILLS OF INDICTMENT 25619

CRIMINAL INFORMATION CASES -An alternative to indictment as a means of starting a criminal prosecution.

2005 2006 2007 981 1,817 1635

1 Petitions & Motions were totaled as a separate category for the first time in 2001. 2 The D.A.’s office reports the total number of indictments, not the total number of charges or defendants named in each indictment. An indictment can include several charges and several defendants.

18 COMMON TYPES OF MISDEMEANOR CASES

OFFENSES AGAINST PERSON

ASSAULT OFFENSES SEXUAL OFFENSES §39-13-101 Assault §39-2-614 Indecent Exposure §39-13-103 Reckless Endangerment W/O §39-13-511 Public Indecency A Deadly Weapon §39-13-513 Prostitution §39-13-514 Patronizing Prostitution

KIDNAPPING & FALSE IMPRISONMENT §39-13-302 False Imprisonment

OFFENSES AGAINST PROPERTY

THEFT ANIMALS §39-14-103 Theft of Property of $500 or Less §39-14-202 Cruelty to Animals §39-14-104 Theft of Services of $500 or Less §39-14-203 Cock and Animal Fighting §39-14-106 Unauthorized Use of Automobiles & Other Vehicles – Joyriding BURGLARY & RELATED OFFENSES §39-14-118 Illegal Possession of a Credit/Debit Card §39-14-405 Criminal Trespass §39-14-121 Passing Bad Checks $500 or Less §39-14-406 Aggravated Criminal Trespass §39-14-127 Deceptive Business Practices §39-14-408 Vandalism $500 or Less §39-14-134 Alteration of Item’s Permanent §39-14-412 Mailbox Tampering/Gov. Prpty. Distinguishing Numbers – Sale or §39-3-1301 Malicious Mischief Possession of Item §39-14-146 Theft of Merchandise $500 or Less COMPUTER OFFENSES §39-14-602 Computer Crime $500 or Less

OFFENSES AGAINST ADMINISTRATION OF THE GOVERNMENT

FALSE IMPERSONATION OBSTRUCTION OF JUSTICE §39-16-301 Criminal Impersonation §39-16-602 Resisting Official Detention §39-16-303 Using a False Identification §39-16-603 Evading Arrest §39-16-605 Escape From Misdemeanor Incarceration

INTERFERENCE WITH GOVERNMENT OPERATIONS §39-16-502 False Offense Reports

OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND WELFARE

DISORDERLY CONDUCT AND RIOTS GAMBLING §39-17-304 Inciting to Riot §39-17-502 Gambling §39-17-305 Disorderly Conduct §39-17-307 Obstructing Highway or Passageway INTOXICATING LIQUORS §39-17-308 Harassment §39-17-713 Storage of Liquor for Sale §39-17-315 Stalking §39-6-301 Disturbing the Peace WEAPONS §39-17-1302 Possession of Prohibit Weapon DRUGS §39-17-1305 Possession of Firearm Where §39-17-418 Possession of a Controlled Substance Alcoholic Bev. Are Sold/Servd. §39-17-422 Inhaling/Possession Glue for Unlawful Purpose §39-17-1307 Storage of Liquor for Sale §39-17-423 Manufacturing Imitation Control Substances §39-17-425 Possession of a Drug Paraphernalia §39-6-417 Unlawful Possession Controlled Substance §39-6-456 Unlawful Poss. of Drug Paraphernalia

MOVING TRAFFIC VIOLATIONS §55-8-152 Speeding §55-10-415 Driving While Impaired §55-10-101 Leaving Scene of Accident Involving Injury §55-10-502 Drag Racing §55-10-102 Leaving Scene of Acc. Involving Prop. Damage §55-10-301 No Driver’s License §55-10-104 Striking Unattended Vehicle §55-50-331 Driving In Violation of License §55-10-110 False Information in Accident Report Restriction §55-10-205 Reckless Driving §55-50-351 Driving w/o License in Poss. §55-10-401 Driving While Under the Influence of an §55-10-504 Driving/License Susp/Revoked, Intoxicant/Drugs or Canceled

GENERAL PROVISIONS §40-11-110 Material Witness §55-5-111 Poss. of Vehicle w/Alt. Serial §40-21-103 Petition To Suspend Remainder of Sentence Number §40-21-106 Violation of Probation §55-5-115 Improper Use of Auto Reg. §40-7-118 Failure to Appear on Misdemeanor Citation §55-50-601 Fraud./Unlawful Use of Drivers License §47-18-104 Deceptive Practice Trade/Commerce §55-8-139 Soliciting a Ride/Business §50-7-709 Fraudulent Representation to Obtain §55-9-602 Violation Child Restraint Law Unemployment Compensation §57-30-412 Minor Attempt to Buy Alcoholic Bev. §53-10-104 Obtaining Legend Drug by Fraud §57-5-301 Selling Beer/Alcoholic Bev. To Minor §53-10-105 Possession Legend Drug W/O Prescription §62-37-104 Engage in Home Improvement W/O Lic. §55-4-101 Violation of Vehicle Registration Law §71-6-117 Willful Abuse, Neglect, or Exploitation Prohibited

TOTAL DISPOSITION OF MISDEMEANOR INDICTMENTS

2005

GENERAL PROVISIONS

COURT DIVISIONS I 0 III IV V VI VII VIII IX X TOTAL ACQUITTAL 0000000000 0 CONVICTIONS AFTER TRIAL0000000000 0 DISMISS/NOLLE PROSEQUI 0 2 1 0 1 0 0 0 0 1 5 GUILTY PLEA 11611242107621 80 OTHER 0000000002 2 TOTAL 1181224 3107 6 2 4 87

GENERAL OFFENSES

COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 0000000000 0 CONVICTIONS AFTER TRIAL0000000000 0 DISMISS/NOLLE PROSEQUI 0 1 0 0 0 0 1 0 0 0 2 GUILTY PLEA 4111127657 35 OTHER 0110000001 3 TOTAL 4 3 21128 6 5 8 40

OFFENSES AGAINST PERSON

COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 0000010012 4 CONVICTIONS AFTER TRIAL1006000001 8 DISMISS/NOLLE PROSEQUI 46 56 50 51 37 29 52 34 42 38 435 GUILTY PLEA 113 93 88 100 74 81 75 90 97 88 899 OTHER 211213810124131943155 TOTAL 181 161 151 165 121 123 131 137 159 172 1501

OFFENSES AGAINST PROPERTY

COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 0000201000 3 CONVICTIONS AFTER TRIAL0202201300 10 DISMISS/NOLLE PROSEQUI 44 38 67 25 23 31 33 29 30 36 356 GUILTY PLEA 139 100 101 96 89 80 79 94 113 77 968 OTHER 618151488621794 TOTAL 189 158 169 128 130 119 122 132 164 120 1431

TOTAL DISPOSITION OF MISDEMEANOR INDICTMENTS

2005

OFFENSES AGAINST THE FAMILY

COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 0000000000 0 CONVICTIONS AFTER TRIAL0000000000 0 DISMISS/NOLLE PROSEQUI 0 1 0 0 0 0 0 0 1 2 4 GUILTY PLEA 2000001212 8 OTHER 0000100002 3 TOTAL 2100101226 15

OFFENSES AGAINST THE ADMINISTRATION OF THE GOVERNMENT

COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 0000000000 0 CONVICTIONS AFTER TRIAL0000000000 0 DISMISS/NOLLE PROSEQUI 14 11 17 7 12 7 19 6 6 14 113 GUILTY PLEA 24 18 22 22 12 37 7 32 21 24 219 OTHER 3011120303 14 TOTAL 412940302546 26 41 27 41 346

OFFENSES AGAINST THE PUBLIC HEALTH, SAFETY, AND WELFARE

COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 0000000001 1 CONVICTIONS AFTER TRIAL0000000000 0 DISMISS/NOLLE PROSEQUI 62 27 28 16 24 18 40 34 11 43 303 GUILTY PLEA 120 145 107 118 75 81 116 121 109 106 1098 OTHER 7101039731891692 TOTAL 189 182 145 137 108 106 159 173 129 166 1,494

MOTOR TRAFFIC VIOLATIONS

COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 3000100101 6 CONVICTIONS AFTER TRIAL0300100406 14 DISMISS/NOLLE PROSEQUI 169 152 187 176 138 136 174 136 141 153 1562 GUILTY PLEA 215 230 215 239 199 184 248 227 236 243 2,236 OTHER 34373936474929423552400 TOTAL 421 422 441 451 386 369 451 410 412 455 4218

TOTAL DISPOSITION OF MISDEMEANOR INDICTMENTS

2006

GENERAL PROVISIONS

COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 0000000000 0 CONVICTIONS AFTER TRIAL0000000000 0 DISMISS/NOLLE PROSEQUI 1 0 1 0 0 1 0 2 2 1 8 GUILTY PLEA 091610069401 55 OTHER 0000000000 0 TOTAL 1 9 17 10 0 7 9 622 63

GENERAL OFFENSES

COURT DIVISIONS IIIIIIIV V VI VII VIII IX X TOTAL ACQUITTAL 0000000000 0 CONVICTIONS AFTER TRIAL 0 0 0 0 0 0 0 0 0 0 0 DISMISS/NOLLE PROSEQUI 1 0 0 0 1 0 0 0 0 0 2 GUILTY PLEA 0001000130 5 OTHER 0000000000 0 TOTAL 100110013 07

OFFENSES AGAINST PERSON

COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 0001000010 2 CONVICTIONS AFTER TRIAL 0 0 0 0 0 1 0 2 0 0 3 DISMISS/NOLLE PROSEQUI 48 46 39 45 41 34 38 57 53 42 443 GUILTY PLEA 100 84 107 86 100 80 85 105 95 82 924 OTHER 8963668638 63 TOTAL 156 139 152 135 147 121 131 170 152 132 1435

OFFENSES AGAINST PROPERTY

COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 0010000000 1 CONVICTIONS AFTER TRIAL 2 1 0 0 0 0 0 0 0 0 3 DISMISS/NOLLE PROSEQUI 57 59 42 26 30 30 40 39 28 28 379 GUILTY PLEA 122 98 106 103 101 100 85 80 88 97 980 OTHER 247743713101774 TOTAL 183 162 156 136 135 133 132 132 126 142 1437

TOTAL DISPOSITION OF MISDEMEANOR INDICTMENTS

2006

OFFENSES AGAINST THE FAMILY

COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 0000000000 0 CONVICTIONS AFTER TRIAL0000000000 0 DISMISS/NOLLE PROSEQUI 2 0 1 1 1 1 0 1 0 0 7 GUILTY PLEA 0111010000 4 OTHER 0000000000 0 TOTAL 2122120100 11

OFFENSES AGAINST THE ADMINISTRATION OF THE GOVERNMENT

COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 0000000000 0 CONVICTIONS AFTER TRIAL0000000100 1 DISMISS/NOLLE PROSEQUI 13 15 15 15 20 7 16 18 9 14 142 GUILTY PLEA 24 18 26 31 29 35 20 22 22 14 241 OTHER 0111130241 14 TOTAL 37 34 42 47 50 45 36 43 35 29 398

OFFENSES AGAINST THE PUBLIC HEALTH, SAFETY, AND WELFARE

COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 1000000000 1 CONVICTIONS AFTER TRIAL0000000110 2 DISMISS/NOLLE PROSEQUI 57 57 78 27 38 24 31 26 30 44 412 GUILTY PLEA 128 136 129 146 123 123 108 128 124 108 1253 OTHER 51129477832 58 TOTAL 191 204 209 182 165 154 146 163 158 154 1,726

MOTOR TRAFFIC VIOLATIONS COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 1010001000 3 CONVICTIONS AFTER TRIAL0022000041 9 DISMISS/NOLLE PROSEQUI 172 167 213 215 205 174 198 212 186 162 1904 GUILTY PLEA 208 217 257 211 254 257 221 259 257 243 2,384 OTHER 31 37 45 38 62 4 38 70 42 47 414 TOTAL 412 421 518 466 521 435 458 541 489 453 4,714

TOTAL DISPOSITION OF MISDEMEANOR INDICTMENTS

2007

GENERAL PROVISIONS

COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 0000000000 0 CONVICTI ONS AFTER TRIAL 0 0 0 0 0 0 0 0 0 0 0 DISMISS/NOLLE PROSEQUI 2 1 0 0 5 2 0 0 1 0 11 GUILTY PLEA 5561488210113 72 OTHER 1111110000 6 TOTAL 8 7 7 15 14 11 2 10 12 3 89

GENERAL OFFENSES

COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 0000000000 0 CONVICTIONS AFTER TRIAL 0 0 0 0 0 0 0 0 0 0 0 DISMISS/NOLLE PROSEQUI 0 0 0 0 0 0 0 0 0 0 0 GUILTY PLEA 0101000000 2 OTHER 0000000000 0 TOTAL 0101000000 2

OFFENSES AGAINST PERSON

COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 0110102010 6 CONVICTIONS AFTER TRIAL 0 2 1 0 2 0 0 1 4 1 11 DISMISS/NOLLE PROSEQUI 61 46 29 37 51 48 33 38 43 64 450 GUILTY PLEA 73 108 59 84 95 88 110 74 95 78 864 OTHER 9 10 21 12 9 8 10 8 11 7 105 TOTAL 143 167 111 133 158 144 155 121 154 150 1436

OFFENSES AGAINST PROPERTY

COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 0000201000 3 CONVICTI ONS AFTER TRIAL 0 0 0 0 1 0 0 0 2 0 3 DISMISS/NOLLE PROSEQUI 37 43 18 12 26 30 24 23 23 30 266 GUILTY PLEA 81 109 85 128 100 96 78 70 90 102 939 OTHER 611775985113 72 TOTAL 124 163 110 147 134 135 111 98 126 135 1283

TOTAL DISPOSITION OF MISDEMEANOR INDICTMENTS

2007

OFFENSES AGAINST THE FAMILY

COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 0000000000 0 CONVICTI ONS AFTER TRIAL 0 0 0 0 0 0 0 0 0 0 0 DISMISS/NOLLE PROSEQUI 1 3 0 0 0 0 0 0 0 0 4 GUILTY PLEA 0110101120 7 OTHER 0000000000 0 TOTAL 1410101120 11

OFFENSES AGAINST THE ADMINISTRATION OF THE GOVERNMENT

COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 0000001000 1 CONVICTIONS AFTER TRIAL 0 0 0 0 0 0 0 0 0 0 0 DISMISS/NOLLE PROSEQUI 10 7 7 11 9 8 7 11 11 4 85 GUILTY PLEA 21 39 21 19 38 32 27 18 35 26 276 OTHER 1010111021 8 TOTAL 32462930484136294831370

OFFENSES AGAINST THE PUBLIC HEALTH, SAFETY, AND WELFARE

COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 0000100000 1 CONVICTIONS AFTER TRIAL 0 0 2 0 0 0 0 2 2 0 6 DISMISS/NOLLE PROSEQUI 33 49 40 38 23 30 20 22 53 37 345 GUILTY PLEA 135 98 127 158 146 141 118 68 117 100 1208 OTHER 53138434825 55 TOTAL 173 150 182 204 174 174 142 100 174 142 1615

MOVING TRAFFIC VIOLATIONS

COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 0011201101 7 CONVICTIONS AFTER TRIAL 2 0 1 0 2 0 4 4 2 1 16 DISMISS/NOLLE PROSEQUI 160 172 153 160 140 219 180 152 207 143 1686 GUILTY PLEA 207 200 194 236 226 252 220 222 246 195 2198 OTHER 45505573674641493941506 TOTAL 414 422 404 470 437 517 446 428 494 381 4413

COMMON TYPES OF FELONY CASES

GENERAL PROVISIONS

§55-10-414 Aggravated Child Endangerment §66-11-138 Misapplication of Contract §55-5-112 Altering/Changing Engine or Serial # Payment §55-5-116 Altering, Falsifying or Forging Evidence §67-1-1440 Falsification of St. Revenue Tax §55-50-321 Fraudulent Drivers License Application §71-3-120 Fraud to Obtain Aid for Of Title, Assignments or Plates Dependent Children

GENERAL OFFENSES PREPARATORY OFFENSES §39-12-101 Criminal Attempt Felony §39-12-102 Solicitation to Commit a Felony §39-12-103 Criminal Conspiracy

OFFENSES AGAINST PERSON ASSAULT OFFENSES KIDNAPPING/FALSE IMPRISONMENT §39-13-102 Aggravated Assault §39-13-212 Kidnapping §39-13-103 Reckless Endangerment with a Deadly §39-13-304 Aggravated Kidnapping Weapon §39-13-305 Especially Agg. Kidnapping §39-13-106 Vehicular Assault §39-13-306 Custodial Interference §39-2-103 Asslt W/Intent to Commit Murder 1st Degree §39-2-115 Shooting/Missile Calculated to Produce Death ROBBERY Or Great Bodily Harm §39-13-401 Robbery §39-13-404 Carjacking §39-13-402 Aggravated Robbery §39-13-403 Especially Aggravated Robbery CRIMINAL HOMICIDE §39-13-212 Robbery/Robbery With a Deadly §39-13-202 First Degree Murder Weapon §39-13-210 Second Degree Murder §39-13-211 Voluntary Manslaughter SEXUAL OFFENSES §39-13-212 Criminal Negligent Homicide §39-13-502 Aggravated Rape §39-13-213 Vehicular Homicide §39-13-503 Rape §39-13-215 Reckless Homicide §39-13-505 Sexual Battery §39-2-202 M1D/Murder in Perpetration of a Felony §39-13-506 Statutory Rape §39-2-211 Murder Second Degree §39-13-515 Promoting Prostitution §39-2-221 Involuntary Manslaughter §39-13-516 Aggravated Prostitution §39-13-504 Aggravated Sexual Battery §39-13-522 Rape of a Child §39-2-603 Aggravated Rape

COMMON TYPES OF FELONY CASES

OFFENSES AGAINST PROPERTY

§39-14-103 Theft of Property over $500 ARSON – EXPLOSIVES §39-14-104 Theft of Services over $500 §39-14-301 Arson §39-14-112 Extortion §39-14-302 Aggravated Arson §39-14-114 Forgery §39-14-303 Setting Fire to Personal §39-14-118 Fraudulent Use of a Credit/Debit Card O/$500 Property §39-14-121 Passing Bad Checks Over $500 §39-14-133 False or Fraudulent Insurance Claims O/$500 BURGLARY & RELATED §39-14-146 Theft of Merchandise Over $500 OFFENSES §39-14-602 Computer Crime Over $500 §39-14-402 Burglary §39-3-301 Passing Bad Checks Over $100 §39-14-403 Aggravated Burglary §39-3-503 False Credit Card Application §39-14-404 Esp. Agg. Burglary §39-3-512 Fraudulent Use of a Credit Card §39-14-408 Vandalism §39-3-804 Uttering Forged Papers §39-14-411 Destruction or §39-3-901 Obtaining Money by False Pretense Interference with §39-3-904 Fraudulent Breach of Trust Utility Lines, Fixtures, §39-3-1103 Grand Larceny, Petit Larceny, Auto Larceny Appliances, §39-3-1112 Receiving & Concealing Stolen Property O/$200 or Railroad Property §39-3-1113 Receiving & Concealing Stolen Prop. $200 or Less §39-3-401 Burglary 1st Degree §39-3-1118 Failure to Return Rented Property §39-3-403 Burglary 2nd Degree §39-3-1121 Embezzlement §39-3-404 Burglary 3rd Degree §39-3-406 Breaking Into, Entering, & Burglar. an Auto

OFFENSES AGAINST THE FAMILY

§39-15-302 Incest §39-15-401 Child Abuse & Neglect If Child is 6 or Less §39-15-402 Aggravated Child Abuse

COMMON TYPES OF FELONY CASES

OFFENSES AGAINST ADMINISTRATION OF THE GOVERNMENT

BRIBERY INTERFERENCE WITH GOV. OPS. §39-16-102 Bribery of a Public Servant §39-16-502 False Bomb Report §39-16-503 Tampering With or Fabricating Evidence CONTRABAND IN PENAL INSTITUTIONS §39-16-507 Coercion of Witness §39-16-201 Introduction or Possession of Weapons §39-15-402 Retaliation for Past Action Explosives, Intoxicants, or Drugs Into a Penal Institution Where Prisoners are Quartered

FALSE PERSONATIONOBSTRUCTION OF JUSTICE §39-16-302 Impersonation of Licensed Professional §39-16-608 Escape While Being Held for a Felony §39-16-609 Failure to Appear in a Felony Case

MISCONDUCT INVOLVING PUBLIC OFFICIALS PERJURY AND EMPLOYEES §39-16-703 Aggravated Perjury §39-16-402 Official Misconduct §39-16-403 Official Oppression

OFFENSES AGAINST PUBLIC HEALTH, SAFETY, & WELFARE

DRUGS WEAPONS §39-17-417 Possession of Controlled Substance With §39-17-1302 Possession of Prohibited Intent to Manufacture, Sell, or Deliver Weapon §39-17-425 Manufacturing/Delivering Drug §39-17-1306 Carrying Weapons Paraphernalia During Judicial Proceedings §53-11-402 Obtaining a Controlled Substance by Fraud §39-17-1309 Carrying Weapons on School Property §39-13-1713 Possession of a Sawed Off Shotgun

MISCELLANEOUS §55-10-101 Leaving the Scene of an Accident Involving Death

MOVING TRAFFIC VIOLATIONS

§55-10-616 Driving While Habitual Motor Vehicle Offender

TOTAL DISPOSITION OF FELONY INDICTMENTS

2005

GENERAL PROVISIONS

COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 0000000000 0 CONVICTIONS AFTER TRIAL0000000000 0 DISMISS/NOLLE PROSEQUI1452030101 17 GUILTY PLEA 2221011111 12 OTHER 1125000001 10 TOTAL 4 7 9 8 0 4 1213 39

GENERAL OFFENSES

COURT DIVISIONS IIIIIIIV V VI VII VIII IX X TOTAL ACQUITTAL 0000000000 0 CONVICTIONS AFTER TRIAL0000100000 1 DISMISS/NOLLE PROSEQUI20749171236 51 GUILTY PLEA 5448672422 44 OTHER 1120003001 8 TOTAL 8 5 13 12 16 24 665 9 104

OFFENSES AGAINST PERSONS

COURT DIVISIONS IIIIIIIV V VI VII VIII IX X TOTAL ACQUITTAL 31340936546 53 CONVICTIONS AFTER TRIAL 18 20 6 2 46 12 35 50 14 16 219 DISMISS/NOLLE PROSEQUI 100 85 177 77 153 65 87 96 98 109 1047 GUILTY PLEA 122 242 152 168 150 122 134 228 126 196 1,640 OTHER 111914611185102229145 TOTAL 254 379 353 253 369 220 267 389 264 356 3,104

OFFENSES AGAINST PROPERTY

COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 2400000020 8 CONVICTIONS AFTER TRIAL3203103133 19 DISMISS/NOLLE PROSEQUI 98 122 187 99 128 102 110 107 98 106 1157 GUILTY PLEA 194 155 190 147 252 152 183 249 239 213 1,974 OTHER 47653644191833305238382 TOTAL 344 348 413 293 400 272 329 387 394 360 3,540

30 TOTAL DISPOSITION OF FELONY INDICTMENTS

2005

OFFENSES AGAINST THE FAMILY

COURT DIVISIONS IIIIIIIV V VI VII VIII IX X TOTAL ACQUITTAL 0000000000 0 CONVICTIONS AFTER TRIA 0020000100 3 DISMISS/NOLLE PROSEQU 1133103104 17 GUILTY PLEA 2200313122 16 OTHER 0000010000 1 TOTAL 3353426326 37

OFFENSES AGAINST THE ADMINISTRATION OF THE GOVERNMENT

COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 0200000000 2 CONVICTIONS AFTER TRIAL0301001100 6 DISMISS/NOLLE PROSEQUI 66 56 38 32 24 12 38 17 32 49 364 GUILTY PLEA 16 21 26 36 32 11 27 53 37 26 285 OTHER 4673827445 50 TOTAL 8688717264 25 73 75 73 80 707

OFFENSES AGAINST THE PUBLIC HEALTH, SAFETY, & WELFARE

COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 0100000000 1 CONVICTIONS AFTER TRIAL 1100203205 14 DISMISS/NOLLE PROSEQUI 337 250 259 197 195 206 223 276 248 247 2438 GUILTY PLEA 141 111 125 109 108 132 124 189 151 106 1,296 OTHER 16 16 18 15 19 11 8 37 17 16 173 TOTAL 495 379402321324349 358 504 416 374 3,922

MOVING TRAFFIC VIOLATIONS

COURT DIVISIONS IIIIIIIV V VI VII VIII IX X TOTAL ACQUITTAL 0000000100 1 CONVICTIONS AFTER TRIAL0000000001 1 DISMISS/NOLLE PROSEQUI9663433344 45 GUILTY PLEA 42 38 28 28 29 27 29 37 38 42 338 OTHER 0192010083 24 TOTAL 51454333333132415050409

2006

GENERAL PROVISIONS

DIVISION OF COURT I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 0000000000 0 CONVICTION AFTER TRIAL 0000000000 0 DISMISS/NOLLE PROSEQUI 1100100600 9 GUILTY PLEA 1020111000 6 OTHER 0000000000 0 TOTAL 2120211600 15

GENERAL OFFENSES

DIVISION OF COURT I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 0000000000 0 CONVICTION AFTER TRIAL 0000000000 0 DISMISS/NOLLE PROSEQUI 2031001001 8 GUILTY PLEA 0000000001 1 OTHER 0000000000 0 TOTAL 2031001002 9

OFFENSES AGAINST PERSONS

DIVISION OF COURT IIIIIIIVV VI VII VIII IX X TOTAL ACQUITTAL 321534159514 61 CONVICTION AFTER TRIAL 91831237101838621 181 DISMISS/NOLLE PROSEQUI 90 147 120 89 113 93 79 117 85 116 1,049 GUILTY PLEA 195 183 198 179 203 129 168 250 144 312 1,961 OTHER 96813118695 66 TOTAL 306 356 372 295 330 234 288 420 249 468 3,318

OFFENSES AGAINST PROPERTY

DIVISION OF COURT IIIIIIIV V VI VII VIII IX X TOTAL ACQUITTAL 3020001030 9 CONVICTION AFTER TRIAL 1310210221 13 DISMISS/NOLLE PROSEQUI 116 195 129 90 104 98 102 112 135 154 1,235 GUILTY PLEA 188 252 267 222 260 229 232 312 252 243 2,457 OTHER 1491536484513 81 TOTAL 322 459 414 315 372 332 343 430 397 411 3,795

32 TOTAL DISPOSITION OF FELONY INDICTMENTS

2006

OFFENSES AGAINST THE FAMILY

DIVISION OF COURT I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 0000000100 1 CONVICTION AFTER TRIAL 0200000000 2 DISMISS/NOLLE PROSEQUI 1035152217 27 GUILTY PLEA 8022002360 23 OTHER 0000000200 2 TOTAL 925 715 4 877 55

OFFENSES AGAINST ADMINISTRATION OF THE GOVERNMENT

DIVISION OF COURT I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 0020000000 2 CONVICTION AFTER TRIAL 0000000000 0 DISMISS/NOLLE PROSEQUI 81 31 32 41 54 17 54 39 37 41 427 GUILTY PLEA 30 23 43 29 35 19 42 39 50 36 346 OTHER 1133101020 12 TOTAL 112 55 80 73 90 36 97 78 89 77 787

OFFENSES AGAINST PUBLIC HEALTH, SAFETY, & WELFARE

DIVISION OF COURT IIIIIIIV V VI VII VIII IX X TOTAL ACQUITTAL 3000000000 3 CONVICTION AFTER TRIAL 0010203210 9 DISMISS/NOLLE PROSEQUI 426 383 419 403 363 368 481 365 497 336 4,041 GUILTY PLEA 187 190 205 183 188 186 244 198 250 204 2,035 OTHER 5 9 82918129 71111 119 TOTAL 621 582 633 615 571 566 737 572 759 551 6,207

MOVING TRAFFIC VIOLATIONS

DIVISION OF COURT IIIIIIIVV VI VII VIII IX X TOTAL ACQUITTAL 0000000000 0 CONVICTION AFTER TRIAL 0000000001 1 DISMISS/NOLLE PROSEQUI 135116415427 58 GUILTY PLEA 33 38 35 25 40 30 39 40 37 31 348 OTHER 0322330011 15 TOTAL 46 46 48 33 47 34 44 44 40 40 422

TOTAL DISPOSITION OF FELONY INDICTMENTS

2007

GENERAL PROVISIONS

DIVISION OF COURT I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 0000000000 0 CONVICTION AFTER TRIAL 0000000000 0 DISMISS/NOLLE PROSEQUI 1100000010 3 GUILTY PLEA 2202011002 10 OTH ER 0100000000 1 TOTAL 3402011012 14

GENERAL OFFENSES

DIVISION OF COURT I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 0000000000 0 CONVICTION AFTER TRIAL 0000000000 0 DISMISS/NOLLE PROSEQUI 0001000000 1 GUILTY PLEA 0100000000 1 OTH ER 0000000000 0 TOTAL 0101000000 2

OFFENSES AGAINST PERSONS

DIVISION OF COURT I II III IV V VI VII VIII IX X TOTAL AC QU ITTAL 3322125473 32 CONVICTION AFTER TRIAL 9 25 7 20 16 18 16 21 20 19 171 DISMISS/NOLLE PROSEQUI 100 160 91 108 81 110 90 132 135 95 1102 GUILTY PLEA 167 177 186 216 201 206 301 244 222 294 2,214 OTH ER 66108281611448 101 TOTAL 285 371 296 354 327 352 423 405 388 419 3,620

OFFENSES AGAINST PROPERTY

DIVISION OF COURT I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 1000040130 9 CONVICTION AFTER TRIAL 5010101126 17 DISMISS/NOLLE PROSEQUI 118 264 101 130 111 121 94 90 105 136 1270 GUILTY PLEA 245 285 200 321 289 380 244 331 337 316 2,948 OTH ER 22 50 18 13 9 21 27 13 15 13 201 TOTAL 391 599 320 464 410 526 366 436 462 471 4,445

TOTAL DISPOSITION OF FELONY INDICTMENTS

2007

OFFENSES AGAINST THE FAMILY

DIVISION OF COURT I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 0000000000 0 CONVICTION AFTER TRIAL 0000000000 0 DISMISS/NOLLE PROSEQUI 1631144151 27 GUILTY PLEA 1603120171 22 OTH ER 0000000000 0 TOTAL 212342642122 49

OFFENSES AGAINST ADMINISTRATION OF THE GOVERNMENT

DIVISION OF COURT I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 4001000100 6 CONVICTION AFTER TRIAL 0100001000 2 DISMISS/NOLLE PROSEQUI 50 25 33 36 26 38 41 24 36 32 341 GUILTY PLEA 32 31 28 31 35 49 47 36 46 38 373 OTH ER 5533511332 31 TOTAL 91 62 64 71 66 88 90 64 85 72 753

OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND WELFARE

DIVISION OF COURT I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 1900000010 11 CONVICTION AFTER TRIAL 40000001110 16 DISMISS/NOLLE PROSEQUI 551 439 416 618 410 614 484 368 580 350 4830 GUILTY PLEA 244 236 196 263 240 298 278 217 293 231 2,496 OTH ER 18 17 31 9 4 13 25 16 9 13 155 TOTAL 818 701 643 890 654 925 787 612 884 594 7,508

MOVING TRAFFIC VIOLATIONS

DIVISION OF COURT I II III IV V VI VII VIII IX X TOTAL ACQUITTAL 0000000000 0 CONVICTION AFTER TRIAL 0000000000 0 DISMISS/NOLLE PROSEQUI 787123523712 66 GUILTY PLEA 38 44 35 18 39 33 37 20 40 28 332 OTH ER 4163211011 20 TOTAL 49 53 48 33 44 39 40 23 48 41 418

COMMON TYPES OF UNINDICTED PETITIONS/MOTIONS

• Petition For Writ of Habeas Corpus • Petition For Post Conviction Relief • Petition To Declare Defendant a Habitual Offender Under the Motor Vehicle Habitual Offenders Act • Petition For Out of State Witness • Petition For Hearing on Governor’s Warrant • Petition For Restoration of Driving Privileges • Petition For Writ of Error Coram Nobis • Petition of the Clerk To Destroy Drugs and Weapons • Petition of the Clerk To Dispose of Abandoned, Stolen, or Recovered Property • Petition To Turn Over Monies Unclaimed To the Shelby County Government for County Funds Pursuant To T.C.A 5-8-101 • Petition for Abatement (Forfeiture and Permanent Injunction of Nuisance, Writ of Temporary Injunction and for Order Relieving Bond • Petition To Show Cause Why the State of Tennessee has not Reimbursed Medical Provider • Petition For Disinterment Of Confiscated Firearms • Petition To Destroy Weapons

• Motion To Dismiss Prosecution • Motion To Set Bail/Bond • Motion For Fast and Speedy Trial • Motion For Bail/Bond Reduction • Motion For Speedy Indictment • Motion To Revoke Bond • Motion To Return Property • Motion To Stay Execution • Motion To Alter Condition of Bail • Motion To Sever Defendants

PETITION/MOTION DISPOSITIONS

2005

TYPE OF CASES: PETITION FOR WRIT OF HABEAS CORPUS; PETITION FOR OUT OF STATE WITNESS; PETITION TO REVOKE WEEKEND SENTENCE; MOTION TO DISMISS PROSECUTION; MOTION FOR BAIL/BOND REDUCTION; MOTION TO SET BAIL/BOND; MOTION FOR FAST AND SPEEDY TRIAL; MOTION FOR SPEEDY INDICTMENT, ETC. (TCA 29-21-106) SCATS CODE #21939 CR-PRO-R47 SCATS CODE #10873/10871

COURT DIVISIONS IIIIIIIV V VI VII VIII IX X TOTAL PETITION GRANTED 335 400 323 279 274 313 166 379 389 338 3196 DISMISS/NOLLE PROSEQUI 127 265 248 154 169 216 152 106 151 205 1793 GUILTY PLEA 4313514132 27 OTHER 199 114 104 128 136 113 66 143 106 98 1207 TOTAL 665 782 676 564 584 643 388 629 649 643 6223

TYPE OF CASE: PETITION FOR POST CONVICTION RELIEF (TCA 40-30-204) SCATS CODE #10337

COURT DIVISIONS IIIIIIIV V VI VII VIII IX X TOTAL PETITION GRANTED 0000000000 0 DISMISS/NOLLE PROSEQUI0000000001 1 GUILTY PLEA 0000000000 0 OTHER 1361283425 35 TOTAL 1 3 6 128 3 426 36

TYPE OF CASE: PETITION TO DECLARE HABITUAL MOTOR VEHICLE OFFENDER (TCA 55-10-606) SCATS CODE #10379

COURT DIVISIONS IIIIIIIV V VI VII VIII IX X TOTAL PETITION GRANTED 8 8 6 5 9 6 6 3 9 5 65 DISMISS/NOLLE PROSEQUI 0 1 0 5 0 0 0 0 0 1 7 GUILTY PLEA 0000000000 0 OTHER 0223130203 16 TOTAL 811813 10965 99 88

PETITION/MOTION DISPOSITIONS

2006

COURT DIVISIONS IIIIIIIVV VI VII VIII IX X TOTAL PETITION GRANTED 390 369 339 272 292 235 172 322 304 300 2995 DISMISS/NOLLE PROSEQUI 209 219 212 215 292 289 229 218 235 240 2358 GUILTY PLEA 1101222215 17 OTHER 18 27 35 7 37 27 14 29 20 38 252 TOTAL 618 616 586 495 623 553 417 571 560 583 5622

TYPE OF CASE: PETITION FOR POST CONVICTION RELIEF (TCA 49-30-102) SCATS CODE #10337

COURT DIVISIONS IIIIIIIVV VI VII VIII IX X TOTAL PETITION GRANTED 0020000000 2 DISMISS/NOLLE PROSEQUI3213561111 24 GUILTY PLEA 0000000000 0 OTHER 0000000000 0 TOTAL 3 2 3 3 5 61111 26

TYPE OF CASE: PETITION TO DECLARE HABITUAL MOTOR VEHICLE OFFENDER (TCA 55-10-606) SCATS CODE #10379

COURT DIVISIONS IIIIIIIV V VI VII VIII IX X TOTAL PETITION GRANTED 1987665555 57 DISMISS/NOLLE PROSEQUI5013231421 22 GUILTY PLEA 0000000000 0 OTHER 0000000000 0 TOTAL 6 9 9 10 8 9 6 9 7 6 79

PETITION/MOTION DISPOSITIONS

2007

COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL PETITION GRANTED 432 452 299 425 398 384 238 381 415 346 3770 DISMISS/NOLLE PROSEQUI 284 257 230 216 252 297 279 211 310 293 2629 GUILTY PLEA 0000000001 1 OTHER 93312120211750 TOTAL 725 712 532 642 652 693 517 594 726 657 6450

TYPE OF CASE: PETITION FOR POST CONVICTION RELIEF (TCA 49-30-102) SCATS CODE #10337

COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL PETITION GRANTED 0000000000 0 DISMISS/NOLLE PROSEQUI 16 12 14 18 10 23 18 5 27 35 178 GUILTY PLEA 0000000000 0 OTHER 0000000000 0 TOTAL 16 12 14 18 10 23 18 5 27 35 178

TYPE OF CASE: PETITION TO DECLARE HABITUAL MOTOR VEHICLE OFFENDER (TCA 55-10-606) SCATS CODE #10379

COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL PETITION GRANTED 2559944923 52 DISMISS/NOLLE PROSEQUI 1 0 0 2 1 5 3 1 4 1 18 GUILTY PLEA 0000000000 0 OTHER 0000000000 0 TOTAL 3 5 51110 9 710 6 4 70

2005

TOTAL NUMBER OF CASES WHERE NOTICES OF APPEAL WERE FILED WITH THE CRIMINAL COURT OF APPEALS

COURT DIVISIONS IIIIIIIV V VI VII VIII IX X TOTAL FELONIES 8786116121861294 MISDEMEANORS 0211000002 6 POST CONVICTION RELIEF5462354609 44 WRIT OF HABEAS CORPUS1101030010 7 TOTAL 14 14 15 10 14 14 16 24 7 23 151

TOTAL NUMBER OF CASES TRANSMITTED TO THE CRIMINAL COURT OF APPEALS

COURT DIVISIONS IIIIIIIVV VI VII VIII IX X TOTAL FELONIES 5971197112451199 MISDEMEANORS 0100000101 3 POST CONVICTION RELIEF83113285429 55 WRIT OF HABEAS CORPUS1201122101 11 TOTAL 14 15 18 5 22 17 18 30 7 22 168

TOTAL NUMBER OF OPINIONS (CASES) FROM THE CRIMINAL COURT OF APPEALS

COURT DIVISIONS IIIIIIIV V VI VII VIII IX X TOTAL AFFIRMED 16798171015171116126 AFFIRMED & MODIFIED 1120210310 11 REVERSED & REMANDED0010401001 7 AFFIRMED IN PART/ 1310011110 9 REVERSED & REMANDED AFFIRMED IN PART/ 0000100000 1 REVERSED & DISMISSED VACATED & REMANDED0000000100 1 REMANDED 0100100000 2 DISMISSED 2010032410 13 MODIFIED & REMANDED0100010001 3 MODIFIED 0100100000 2 REVERSED IN PART 0000000000 0 TOTAL 201414 8 26 16 19 26 14 18 175

2006

TOTAL NUMBER OF CASES WHERE NOTICES OF APPEAL WERE FILED WITH THE CRIMINAL COURT OF APPEALS

COURT DIVISIONS IIIIIIIV V VI VII VIII IX X TOTAL FELONIES 77867461937 74 MISDEMEANORS 2010011000 5 POST CONVICTION RELIEF6546953336 50 WRIT OF HABEAS CORPUS3210122012 14 TOTAL 18 14 14 12 17 12 12 22 7 15 143

TOTAL NUMBER OF CASES TRANSMITTED TO THE CRIMINAL COURT OF APPEALS

COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL FELONIES 981291247195994 MISDEMEANORS 2011011001 7 POST CONVICTION RELIEF6353732526 42 WRIT OF HABEAS CORPUS2200131023 14 TOTAL 19 13 18 13 20 11 11 24 9 19 157

TOTAL NUMBER OF OPINIONS (CASES) FROM THE CRIMINAL COURT OF APPEALS

COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL AFFIRMED 10 11 12 5 21 9 10 21 6 18 123 AFFIRMED & MODIFIED 0 0 0 0 1 0 0 0 0 0 1 REVERSED & REMANDED 0 0 1 0 2 1 1 2 0 0 7 AFFIRMED IN PART/ 0010001000 2 REVERSED & REMANDED AFFIRMED IN PART/ 1100000000 2 REVERSED & DISMISSED VACATED & REMANDED 0 0 0 0 0 0 1 0 0 0 1 REMANDED 0000000000 0 APPEAL DISMISSED 4101131401 16 MODIFIED & REMANDED 0 0 1 0 0 1 0 0 0 0 2 MODIFIED 0000100000 1 REVERSED IN PART 1000000000 1

2007

TOTAL NUMBER OF CASES WHERE NOTICES OF APPEAL WERE FILED WITH THE CRIMINAL COURT OF APPEALS

COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL FELONIES 766713581291386 MISDEMEANORS 0010000011 3 POST CONVICTION RELIEF2743364564 44 WRIT OF HABEAS CORPUS0010001012 5 TOTAL 9 13 12 10 16 11 13 17 17 20 138

TOTAL NUMBER OF CASES TRANSMITTED TO THE CRIMINAL COURT OF APPEALS

COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL FELONIES 7768841118131092 MISDEMEANORS 1000021012 7 POST CONVICTION RELIEF6842410661350 WRIT OF HABEAS CORPUS2122001023 13 TOTAL 161612121216192417 18 162

TOTAL NUMBER OF OPINIONS (CASES) FROM THE CRIMINAL COURT OF APPEALS

COURT DIVISIONS I II III IV V VI VII VIII IX X TOTAL AFFIRMED 138778562281296 AFFIRMED & MODIFIED 1 0 0 0 0 0 0 0 0 0 1 REVERSED & REMANDED 0 0 3 1 4 0 2 0 0 2 12 AFFIRMED IN PART/ 0001100101 4 REVERSED & REMANDED AFFIRMED IN PART/ 0010000100 2 REVERSED & DISMISSED VACATED & REMANDED 0 0 0 0 0 0 0 0 0 0 0 REMANDED 0000000000 0 APPEAL DISMISSED 1011110100 6 MODIFIED & REMANDED 0 0 0 0 0 0 0 0 0 0 0 MODIFIED 0000000000 0 REVERSED IN PART 0010000000 1 TOTAL 15 8 13 10 14 6 8 25 8 15 122

2005

END OF YEAR DISPOSITION CASELOAD STATISTICAL REPORT

DIVISION OF COURT I II III IV V VI VII VIII IX X TOTAL TYPE OF DISPOSITION Acquittal - Felony 52040937666 66 Acquittal - Misdemeanor 3 0 0 0 3 11114 14 Conviction After Trial - Felony 22 34 8 6 49 12 43 57 17 25 273 Conviction After Trial - Misd. 2 5 2 8 3 0 1 7 0 7 35 Dismiss/Nolle Prosqui - Felony 614 605 664 417 515 409 465 503 483 557 5,232 Dismiss/Nolle Prosqui - Misd. 335 287 350 275 235 221 319 239 231 287 2,779 Guilty Plea as Charged - Felony 524 509 547 497 580 453 503 760 596 557 5,526 Guilty Plea as Charged - Misd. 618 603 545 600 452 475 540 578 584 569 5,564 Other - Felony 80 86 86 75 57 50 54 81 103 93 765 Other - Misdemeanor 70 79 63 53 82 78 44 82 84 105 740 Petitions/Motions Disposed 674 795 691 573 596 665 397 638 660 658 6,347 TOTAL CASES DISPOSED 2,947 3,023 2,960 2,5 04 2,581 2,367 2,374 2,952 2,765 2,868 27,341

TOTALS BY TYPE

DIVI SION OF COURT I II I I I IV V VI VII VII I IX X TOTAL Total Felony Trial Cases 27 54 12 6 58 15 50 63 23 31 339 Total Misdemeanor Trial Cases 5 5 2 8 6 1 2 8 1 11 49 Total Trial Cases 32 59 14 14 64 16 52 71 24 42 388 Total Acquittals 8 20 4 0 12 4 8 7 7 10 80 Total Convictions After Trials 24 39 10 14 52 12 44 64 17 32 308 Total Dism./N.P. 949 892 1014 692 750 630 784 742 714 844 8,011 Total G.P. as Charged 1,142 1,112 1,092 1,097 1,032 928 1,043 1,338 1,180 1,126 11,090 Total Other Cases 150 165 149 128 139 128 98 163 187 198 1,505 Total Felonies Disposed 1,245 1,254 1,309 995 1,210 927 1,072 1,407 1,205 1,238 11,862 Total Misdemeanor Disposed 1,028 974 960 936 775 775 905 907 900 972 9,132 Total Pet./Motions Disposed 674 796 690 578 596 660 397 638 660 658 6,347 TOTAL CASES DISPOSED 2,947 3,024 2,959 2,509 2,581 2,362 2,374 2,952 2,765 2,868 27,341

2006

END OF YEAR DISPOSITION CASELOAD STATISTICAL REPORT

DIVISION OF COURT I II III IV V VI VII VIII IX X TOTAL TYPE OF DISPOSITION Acquittal - Felony 9 2 19 3 4 1 6 10 8 14 76 Acquittal - Misdemeanor 2 0 2 1001011 8 Conviction After Trial - Felony 10 23 33 23 11 11 21 42 9 23 206 Conviction After Trial - Misd. 2 1 2 2 0105 5 119 Dismiss/Nolle Prosqui - Felony 730 762 717 635 640 582 724 645 757 662 6,854 Dismiss/Nolle Prosqui - Misd. 350 344 389 330 336 271 325 355 308 292 3,300 Guilty Plea as Charged - Felony 642 686 752 640 727 594 728 842 738 827 7,176 Guilty Plea as Charged - Misd. 595 572 646 600 610 575 529 604 594 550 5,875 Other - Felony 29 28 36 38 31 20 36 19 28 30 295 Other - Misdemeanor 46 62 61 58 77 62 60 98 62 74 660 Petitions/Motions Disposed 627 627 598 508 636 568 424 581 568 590 5,727 TOTAL CASES DISPOSED 3,042 3,107 3,255 2,838 3,072 2,685 2,854 3,201 3,078 3,064 30,196

TOTALS BY TYPE

DIVISION OF COURT I II III IV V VI VII VIII IX X TOTAL Total Felony Trial Cases 19255226151227521737 282 Total Misdemeanor Trial Cases 4 1 4 3 0 1 1 5 6 2 27 Total Trial Cases 23265629151328572339 309 Total Acquittals 11 2 21 4 4 1 7 10 9 15 84 Total Convictions After Trials 12 24 35 25 11 12 21 47 14 24 225 Total Dism./N.P. 1080 1106 1106 965 976 853 1049 1000 1065 954 10,154 Total G.P. as Charged 1237 1,258 1,398 1,240 1,337 1,169 1,257 1,446 1,332 1,377 13,051 Total Other Cases 75 90 97 96 108 82 96 117 90 104 955 Total Felonies Disposed 1,420 1,501 1,557 1,339 1,413 1,208 1,515 1,558 1,540 1,556 14,607 Total Misdemeanor Disposed 995 979 1,100 991 1,023 909 915 1,062 970 918 9,862 Total Pet./Motions Disposed 627 627 598 508 636 568 424 581 568 590 5,727 TOTAL CASES DISPOSED 3,042 3,107 3,255 2,838 3,072 2,685 2,854 3,201 3,078 3,064 30,196

44 2007

END OF YEAR DISPOSITION CASELOAD STATISTICAL REPORT

DIVISION OF COURT I II III IV V VI VII VIII IX X TOTAL TYPE OF DISPOSITION Acquittal - Felony 9 12 2 3 1 6 5 6 11 3 58 Acquittal - Misdemeanor 0 1 2 1 6 0 5 1 1 1 18 Conviction After Trial - Felony1826820171818332325206 Conviction After Trial - Misd.2240504710236 Dismiss/Nolle Prosqui - Felony 828 903 651 906 632 892 715 618 869 626 7, 640 Dismiss/Nolle Prosqui - Misd. 304 321 247 258 254 337 264 246 338 278 2, 847 Guilty Plea as Charged - Felony 729 782 645 854 805 969 908 849 945 910 8, 396 Guilty Plea as Charged - Misd. 522 561 493 640 614 617 556 463 596 504 5, 566 Other - Felony 55 79 68 52 48 52 65 36 32 37 524 Other - Misdemeanor 67 75 98101916864706557756 Petitions/Motions Disposed 744 729 551 671 672 725 542 609 759 696 6, 698 TOTAL CASES DISPOSED 3, 278 3,491 2,769 3,506 3,145 3,684 3,146 2, 938 3,649 3,139 32, 745

TOTALS BY TYPE

DIVISION OF COURTIIIIIIIVVVIVIIVIII IX X TOTAL Total Felony Trial Cases 27 38 10 23 18 24 23 39 34 28 264 Total Misdemeanor Trial Cases 2 3 6 1 11 0 9 8 11 3 54 Total Trial Cases 29 41 16 24 29 24 32 47 45 31 318 Total Acquittals 9134475107124 75 Total Convictions Aft er Trial s 20 28 12 20 22 18 22 40 33 27 242 Total Dism./N.P. 1132 1224 898 1164 886 1229 979 864 1207 904 10,487 Total G.P. as Charged 1251 1343 1138 1494 1419 1586 1464 1302 1541 1414 13,952 Total Other Cases 122 154 166 319 139 120 129 106 97 94 1,446 Total Felonies Di sposed 1639 1802 1374 1835 1503 1937 1711 1542 1880 1601 16,824 Total Misdemeanor Di sposed 895 960 844 1000 970 1022 893 787 1010 842 9,223 Total Pet ./Moti ons Di sposed 744 729 551 671 672 725 542 609 759 696 6,698 TOTAL CASES DISPOSED 3278 3491 2769 3506 3145 3684 3146 2938 3649 3139 32,745

DISPOSITION BY CASE TYPE

2005

ASSAULT 2,236 BURGLARY/THEFT 4,716 DRUGS 4,908 DUI/OTHER MOTOR VEHICLE OFFENSES 5,093 HOMICIDE 231 KIDNAPPING 161 ROBBERY 1,297 SEXUAL OFFENSES 494 FRAUD/CREDIT CARD/PASSING BAD CHECKS 322 OT HER 7,88 3 TOTAL 27,341

2006

ASSAU LT 2,755 BURGLARY/THEFT 3,894 DRUGS 7,274 DUI/OTHER MOTOR VEHICLE OFFENSES 5,291 HOMICIDE 311 KIDNAPPING 133 ROBBERY 1,170 SEXUAL OFFENSES 468 FRAUD/CREDIT CARD/PASSING BAD CHECKS 244 OT HER 2,929 TOTAL 24,469

2007

ASSAULT 2,670 BURGLARY/THEFT 5,541 DRUGS 8,377 DUI/OTHER MOTOR VEHICLE OFFENSES 4,831 HOMICIDE 332 KIDNAPPING 169 ROBBERY 1,290 SEXUAL OFFENSES 608 FRAUD/CREDIT CARD/PASSING BAD CHECKS 304 OT HER 8,623 TOTAL 32,745

46 PROBATION INFORMATION The different divisions of court use the following probation companies. All are private companies with the exception of State Probation and Shelby County.

2005 DIVISION OF COURT I II III IV V VI VII VIII IX X TOTAL PROBATION SERVICE CORRECTION ALTERNATIVES 58 82 19 0 19 25 0 2 11 38 254 CORRECTIONAL COUNSELING0050002900034 GLOBAL CORRECTION, INC.0000000000 0 JUSTICE NETWORK 107 46 40 51 30 72 59 55 65 25 550 PROBATION MGMT.GROUP 28 19 30 13 7 139 0 12 18 68 334 NATIONAL PROB. OF AMERICA111181159112059 PROBATION SERVICES 6 3 24 2 0 14 0 6 2 48 105 PROBATION WORKS 7 2 10 1 10 28 0 5 2 10 75 SHELBY COUNTY 0000000000 0 STATE OF TENNESSEE 247 335 217 219 148 24 166 430 283 208 2277 TENNESSEE CORRECTIONS 0 6 7 0 1 3 0000 17 TOTAL CASES 464 504 360 287 216 310 263 521 383 397 3705

2006 DIVISION OF COURT I II III IV V VI VII VIII IX X TOTAL PROBATION SERVICE CORRECTIONAL ALTERNATIVES 35 53 66 5 34 18 9 0 25 54 299 JUSTICE NETWORK 43465139346518636225446 PROBATION MGMT. GROUP 30111713181986171945374 NATIONAL PROB. OF AMERICA811773181372 67 PROBATION WORKS 13 12 14 6 8 33 0 14 32 13 145 PROBATION SERVICES 22 2 10 4 1 1 0 1 4 39 84 STATE OF TENNESSEE 183 321 299 211 176 40 194 343 238 196 2201 TN.CORRECTIONAL SERVICES13336120014 33 TOTAL CASES 335 459 467 288 280 385 228 441 388 378 3649

2007 DIVISION OF COURT I II III IV V VI VII VIII IX X TOTAL PROBATION SERVICE CORRECTIONAL ALTERNATIVES 93 65 65 40 42 67 41 58 75 546 CORRECTIONAL COUNSELING0002006000 8 GLOBAL CORRECTIONS 0000000000 0 JUSTICE NETWORK 39653374408252386146530 PROBATION MGMT.GROUP 30 26 24 36 43 403 13 3 13 54 645 NATIONAL PROB.OF AMERICA212116205430 54 PROBATION SERVICES 11 1 87 5 4 0 4 4 3 16 135 PROBATION WORKS 9 15 18 22 17 116 7 15 22 18 259 SHELBY COUNTY 0000030000 3 STATE OF TENNESSEE 200 503 234 370 342 53 223 483 348 232 2988 TENNESSEE CORRECTIONS 0 1 12 0 2 1 13040 33 TOTAL CASES 384 688 474 550 496 745 364 547 512 441 5201

2005-2007 MISDEMEANOR CASES DISPOSED BY DIVISION

2005 2006 2007 DIV. 1 1,028 995 895 DIV. 2 974 979 960 DIV. 3 960 1,100 844 DIV. 4 936 991 1000 DIV. 5 775 1,023 970 DIV. 6 775 909 1022 DIV. 7 905 915 893 DIV. 8 907 1,062 787 DIV. 9 900 970 1010 DIV. 10 972 918 842 Total Cases Disposed 9,132 9,862 9223

2005 1,200 2006 2007 1,000

800

600

400

200

0 DIV. DIV. DIV. DIV. DIV. DIV. DIV. DIV. DIV. DIV. 1 2 3 4 5 6 7 8 9 10

2005-2007 FELONY CASES DISPOSED BY DIVISION

2005 2006 2007 DIV. 1 1,245 1,420 1639 DIV. 2 1,254 1,501 1802 DIV. 3 1,309 1,557 1374 DIV. 4 995 1,339 1835 DIV. 5 1,210 1,413 1503 DIV. 6 927 1,208 1937 DIV. 7 1,072 1,515 1711 DIV. 8 1,407 1,558 1542 DIV. 9 1,205 1,540 1880 DIV. 10 1,238 1,556 1601 Total Cases Disposed 11,862 14,607 16,824

2,500 2005 2006 2,000 2007

1,500

1,000

500

0 DIV. 1 DIV. 2 DIV. 3 DIV. 4 DIV. 5 DIV. 6 DIV. 7 DIV. 8 DIV. 9 DIV. 10

2005-2007 MISDEMEANOR CASES DISPOSED BY TYPE

2005 2006 2007 General Provisions 87 63 89 General Offenses 40 7 2 Offenses Against Person 1,501 1,435 1436 Offenses Against Property 1,431 1,509 1283 Offenses Against the Family 15 11 11 Offenses Against Adm. of the Gov't 346 398 370 Offenses Against Public Health, Safety, & Welfare 1,494 1,726 1615 Moving Traffic Violations 4,218 4,714 4413 Total Cases Disposed 9,132 9,863 9,219

2005 2006 5,000 2007 4,500 4,000 3,500 3,000 2,500 2,000 1,500 1,000 500 0 General General Offenses Offenses Offenses Offenses Offenses Moving Provisions Offenses Against Against Against the Against Against Traffic Person Property Family Adm. of the Public Violations Gov't Health, Safety, & Welfare

2005-2007 FELONY CASES DISPOSED BY TYPE

2005 2006 2007 General Provisions 39 15 14 General Offenses 104 9 2 Offenses Against Person 3,104 3,318 3,620 Offenses Against Property 3,540 3,795 4,445 Offenses Against the Family 37 55 49 Offenses Against Adm.of the Gov't. 707 787 753 Offenses Against Public Health, Safety, & Welfare 3,922 6,207 7,508 Moving Traffic Violations 409 422 418 Total Cases Disposed 11,862 14,608 16,809

8,000

7,000

6,000

5,000 2005 4,000 2006 2007 3,000

2,000

1,000

0 General General Offenses Offenses Offenses Offenses Offenses Moving Provisions Offenses Against Against Against Against Against Traffic Person Property the Family Adm.of the Public Violations Gov' t. Health, Safety, & Welfare

2005-2007 UNINDICTED PETITIONS/MOTIONS DISPOSED BY DIVISION

2005 2006 2007 DIV. 1 674 627 744 DIV. 2 796 627 729 DIV. 3 690 598 551 DIV. 4 578 508 671 DIV. 5 596 636 672 DIV. 6 660 568 725 DIV. 7 397 424 542 DIV. 8 638 581 609 DIV. 9 660 568 759 DIV. 10 658 590 696 Total Cases Disposed 6,347 5,727 6,698

900

800

700

600

500 2005 2006 400 2007 300

200

100

0 DIV. DIV. DIV. DIV. DIV. DIV. DIV. DIV. DIV. DIV. 1 2 3 4 5 6 7 8 9 10

TOTAL CASES DISPOSED (2005-2007) BY DIVISION

2005 2006 2007 DIV. 1 2,947 3,042 3278 DIV. 2 3,024 3,107 3491 DIV. 3 2,959 3,255 2769 DIV. 4 2,509 2,838 3506 DIV. 5 2,581 3,072 3145 DIV. 6 2,362 2,685 3684 DIV. 7 2,374 2,854 3146 DIV. 8 2,952 3,201 2938 DIV. 9 2,765 3,078 3649 DIV. 10 2,868 3,064 3139 Total Cases Disposed 27,341 30,196 32,745

4,000 3,500 3,000 2,500 2005 2,000 2006 1,500 2007 1,000 500 0 DIV. DIV. DIV. DIV. DIV. DIV. DIV. DIV. DIV. DIV. 1 2 3 4 5 6 7 8 9 10

WARRANTS ISSUED BY DIVISION (2005 – 2007)

Div. 3 653 690 795 Div. 4 619 655 639 Div. 5 475 592 537 Div. 6 591 645 801 Div. 7 541 590 613 Div. 8 684 750 726 Div. 9 738 667 707 Div. 10 661 797 673 Total 6,360 6888 6925

900

800

700

600

500 2005 2006 400 2007

300

200

100

0 Div. Div. Div. Div. Div. Div. Div. Div. Div. Div. 1 2 3 4 5 6 7 8 9 10

ADMINISTRATIVE SERVICES

ADMINISTRATIVE SERVICES DIVISION

Janis Dunavant, Director

The Director of Administrative Services with the assistance of a Deputy Director and Supervisors shall be responsible for two separate sections: Personnel/Payroll and Customer Service. These sections are supervised and coordinated in accordance with the policies and directives of the Clerk’s office.

PERSONNEL AND PAYROLL SECTION Patti Morton, Supervisor

The Personnel and Payroll Section, under the direction of a supervisor, shall be responsible for processing all new hires, terminations and changes in employee records. This department is also responsible for updating personnel records such as annual leave, sick leave, insurance changes, insurance open enrollment, and the distribution of it. Personnel records are now maintained on the new NOVATIME Human Resources Computerized Tracking System, which utilizes hand readers rather than time clocks, eliminating the need for time cards. This system has the capability to gather and track employee information and run numerous detailed reports; i.e., demographics, attendance, job history, pay, etc. This section is also responsible for monitoring employee work hours, updating time clock errors, and generating employee Exception Reports and Transaction Reports. Payroll, which is organized on a semi-monthly basis, includes calculating and documenting employees’ time on the payroll time sheet and submitting this information to the county finance office for processing. This section is also responsible for supervising the clerical pool of temporary employees.

CUSTOMER SERVICE SECTION Bridget Arnold, Supervisor

The Customer Service Section, under the direction of a supervisor, shall be responsible for maintaining closed court records and providing services for various state and county offices, the public, and attorneys. Additional responsibilities include conducting criminal record checks, documenting criminal history records, and forwarding the information to requesting parties. They provide a public service of researching reference books and criminal case files for computer purged criminal records. Secondary responsibilities of the Customer Service Department include preparing certified copies of criminal case dispositions, preparing driver’s license certifications, calculating, collecting and recording court fees and /or fines, posting, filing and routing motions, petitions, and copying legal documents for requesting parties. The supervisor is also responsible for the daily operation of the cashier.

56 ADMINISTRATIVE SERVICES STATISTICS

57 PERSONNEL BUDGET – STAFFING SUMMARY (BUDGETED POSITIONS AVAILABLE)

FISCAL YEAR SALARIES EMPLOYEES COMMENTS

2004-05 $3,085,463.63 99 In an effort to lower salary expense, two vacant positions were sacrificed for the 2004-05 budget. This resulted in an increase of just over 2% despite a 3% general increase for all employees.

2005-06 $3,186,380.09 96 Over the past several years, prudent use of available resources and utilization of new technology have enabled the Criminal Court Clerk’s Office to increase services while decreasing staffing levels. All reductions in staff were achieved by attrition.

2006-07 $3,263,300.21 95 Our staffing compliment continues to decrease in relation to our increased use of newly available technology. Salary costs increased by just over 2% despite a 3% general increase for all county employees.

58 CRIMINAL COURT CLERK’S OFFICE STAFF COMPLIMENT (FILLED POSITIONS)

MALE FEMALE WBH A W B H A TOTAL Officials/Administration 720 0 440017

Professionals 200 0 00002

Technicians 010 0 00001

Administrative Support 1241 013400171

TOTAL 2171 017440191

PERCENTAGE 23.1% 7.7% 1.1% 0.0% 18.7% 48.4% 0.0% 1.1% 100.0%

% MALE 31.9% W - White % FEMALE 68.1% B - Black % BLACK 56.0% H - Hispanic % WHITE 41.8% A - Asian % HISPANIC 1.1% % ASIAN 1.1%

RECORD CHECK FEES PER MONTH

20 05 2 006 2 007 JANUARY 147 161 258 FEBRUARY 203 162 242 MARCH 17 9 128.5 23 0 APRIL 211 212 315 MAY 261 96 220 JUNE 67 95.5 182 JULY 350 66.5 225 AUGUST 12 5 329.5 42 2 SEPTEMBER 8 8 166.5 28 6 OCTOBER 10 6 263.5 39 1 NO VEM BE R 96 146 251 DECEMBER 59 267 287 TO TAL 189 2 209 4 330 9

3500

3000

2500

2000

1500

1000

500

0 2005 2006 2007

EMPLOYEE UTILIZATION ANALYSIS FEMALE MALE ANNUAL SALARY RANGE (IN THOUSANDS) F/B% F/O% F/W% M/B% M/O% M/W%

20.0 - 24.9 50 0 25 25 25.0 - 32.9 58.93 1.79 19.64 5.36 12.49 33.0 - 42.9 26.6 26.6 6.8 40 43.0 - 54.9 37.5 12.5 25 12.5 55.0 - 69.9 0 0 0 100 70.0 - Plus 16.7 16.7 0 66.6

40 F/B% F/O% 30 F/W%

0 20.0 - 24.9 25.0 - 32.9 33.0 - 42.9 43.0 - 54.9 55.0 - 69.9 70.0 - Plus

120

100

80 M/B% 60 M/O% M/W% 40

0 20.0 - 24.9 25.0 - 32.9 33.0 - 42.9 43.0 - 54.9 55.0 - 69.9 70.0 - Plus

61 EMPLOYEE UTILIZATION ANALYSIS FEMALE MALE OCCUPATIONAL CATEGORY F/B % F/O % F/W% M/B % M/O % M/W %

OFFICIALS/ADMINISTRATORS_ 23.53 23.53 11.76 41.18 PROFESSIONALS_ 100 TECHNICIANS_ 100 PROTECTIVE SERVICE_ PARA-PROFESSIONALS_ ADMINISTRATIVE SUPPORT_ 56.34 1.41 18.31 5.63 1.41 16.9 SKILLED CRAFT_ SERVICE MAINTENANCE_

40 F/B % 30 F/O % F/W% 20

______S S S E T T R AL AN IC ALS ICI RV N CRAF ATO N PPOR R T H SE TENANCE S ESSIO SU LED N IVE F L INI OFESSION TEC T IVE T SKI MAI M E PR -PRO OTEC STRA IALS/AD PR PARA NI C SERVIC ADMI OFFI

120

100

80 M/B % 60 M/O % M/W % 40

______S E S T E C VI AL NC ICIAN N POR A N IO D CRAFT H SER UP E STRATORS ESSIONALS I EC IVE FESS E S OF T IV SKILL PR ECT PRO AT OT A- AR ISTR PR P N CIALS/ADMIN MI SERVICE MAINTEN I D A OFF

62 MISCELLANEOUS CASES

TOTAL FILED

2005 2006 2007

UNINDICTED MOTION CASES Motion To Dismiss Prosecution 271 241 285 Motion To Set Bail/Bond 59 41 8 Motion For Bail/Bond Reduction 72 71 94 Motion For Speedy Indictment & Fast and Speedy Trial 588 454 503 Miscellaneous Motions 111 65 64 TOTAL UNINDICTED MOTIONS FILED 1101 872 954

UNINDICTED PETITION CASES Petition For Writ of Habeas Corpus 68 69 13 Petition For Post Conviction Relief 194 101 21 Petition For Out of State Witness 3 28 16 Petition Declare Def. Habitual Offender Under Motor Veh. Habitual Off . Act 61 79 59 Petition For Hearing On Governor's Warrant 6 10 5 Petition For Reduct ion or Suspension of Sentence 538 768 694 Petition For Restoration of Driving Priviliges 210 229 1 Petition For Writ of Error Coram Nobis 7 13 0 Petition To Suspend Remainder of Sentence 659 527 211 Petition To Revoke Suspended Sentence 2689 2296 871 Petition To Revoke Suspended Weekend Sent ence 102 57 29 Miscellaneous Pet itions 283 262 153 TOTAL UNINDICTED PETITIONS FILED 4820 4439 2073

FINANCE DIVISION

Warren Young, Director

The Director of Finance with the assistance of a Deputy Director and Supervisors shall be responsible for the supervision and coordination of departments and sections of the Finance Division in accordance with the Tennessee Codes Annotated and General Accounting Principals. The Finance Division consists of those sections that perform the essential fiscal functions of the Criminal Court Clerk’s office. These functions include, but are not limited to, the collection of fines and court costs assessed by the ten divisions of Criminal Court, and the necessary tasks growing out of the functions. The office bills the State of Tennessee and Shelby County for each case that is disposed of, collects fines and costs from defendants as the agent of the billed government entity, and disburses monies collected to the variations agencies of the state and county. The four sections of the Division of Finance are as follows:

ACCOUNTING SECTION Bill Stewart, Supervisor

The Bookkeeping and Accounting Section, under the direction of a supervisor, is responsible for overseeing the management and documentation of all monies received into the office. This section keeps ledgers on all funds received and disbursed, including petty cash. All accounts, ledgers, vouchers and receipts are monitored and actual expenditures are tracked for budget purposes. Monthly financial statement of operations comparing actual budge and same period last year are prepared.

PURCHASING SECTION Doris Swauncy, Supervisor

The Purchasing Section is responsible for preparing requisitions for purchase orders. The section prepares and forwards goods and services that have been received to specific sections in house. All check requests for goods and services obtained by invoice are prepared, signed, and forwarded to the Shelby County Finance Department. When goods and services are received for a purchase order, the receiving report is completed and forwarded to the Finance Department for payment.

BONDS/WARRANTS SECTION David Hill, Supervisor

The Bond Section, under the direction of a supervisor, acts in a fiduciary capacity in monitoring and regulating the activities, operations and duties of all bonding companies in Shelby County.

The Warrants Section is responsible for the issuance of warrants, scire facias, petitions and motions related to bonds and bond surrenders. All status changes, bond forfeitures, bond relocations, dismissals, and setting or reinstatement of bonds are handled by the Warrants Department.

COLLECTION SECTION Billy Mulligan, Supervisor

The Collections Section, under the direction of a supervisor, provides service to the public, processes new accounts and is responsible for handling receipts for all monies received by the Collection Section. This section consists of the following units:

• The Collections Unit, which maintains delinquent accounts, processes new accounts and provides service to the public.

• The Garnishment Unit issues garnishments against defendants who are employed and whose accounts are sixty days delinquent.

• The Bankruptcy Unit maintains files and collects money from those defendants who have filed for bankruptcy.

• Cost Analysis Unit is responsible for preparing cost bills for the State of Tennessee and for Shelby County in all felony and misdemeanor cases that are disposed of in the ten divisions of Criminal Court. This function includes state, county, and over-the-counter billing. Cost bills are prepared using information from court documents including, but not limited to, judgments, orders directing mental evaluations, orders for witness fees, and orders for emergency hospitalization and transferring prisoners.

FINANCE DIVISION STATISTICAL INFORMATION

Fiscal Year 2006 BUDGET AS REVENUE: APPROVED ACTUAL VARIANCE Elected Official's Fines and Fees 4,413,500 5,689,706 1,276,206 Other Revenue 15,000 67,938 (52,938) Total Revenue 4,428,500 5,757,644 (1,329,144)

EXPENDITURES: Salaries and Labor 3,416,631 3,251,970 164,661 Other Compensation 12,000 1,326 10,674 Fringe Benefits 1,023,322 924,861 98,461 Supplies 124,787 119,710 5,077 Services 50,670 55,439 (4,769) Professional/Contract Services 2,900 1,418 1,482 Rent, Utilities, and Maintenance 122,391 96,182 26,209 Petro/ Vehicle/ Maintenance - - - Asset Acquisitions 20,000 - 20,000 Total Expenditures 4,772,701 4,450,312 322,389 Net Operations-Excess of Rev. over Exp. (344,201) 1,307,332 1,651,533

Fiscal Year 2007 BUDGET AS REVENUE: APPROVED ACTUAL VARIANCE Elected Official's Fines and Fees 4,440,500 4,526,277 (85,777) Other Revenue 15,500 88,196 (73,196) Total Revenue 4,456,500 4,614,473 (158,973)

EXPENDITURES: Salaries and Labor 3,424,868 3,317,081 107,787 Other Compensation 12,700 12,616 84 Fringe Benefits 1,001,498 970,617 30,881 Supplies 131,787 122,487 9,300 Services 62,070 55,218 6,852 Professional/Contract Services 1,250 1,250 - Rent, Utilities, and Maintenance 122,391 104,970 17,421 Petro/ Vehicle/ Maintenance 3,250 1,906 1,344 Asset Acquisitions - - - Total Expenditures 4,759,814 4,586,145 173,669 Net Operations-Excess of Rev. over Exp. (304,314) (28,328) 275,986

FINES

Upon disposition, court costs and fines are levied by the court, as dictated by the conviction and the corresponding T.C.A. requirements.

FY2005 FY2006 FY2007 Drug Fines Bartlett Police Department 5,211 2,626 7,087 City Of Bartlett 8,262 3,832 7,500 Collierville Police Department 16,003 4,951 5,491 Town of Collierville 20,985 6,394 5,649 Germantown Police Department 1,554 1,075 391 City Of Germantown 2,690 1,334 625 Memphis Police Department 80,740 60,869 56,052 City of Memphis 118,766 79,315 82,625 Millington Police Department 1,633 584 1,377 City of Millington 2,036 737 1,827 Shelby County Sheriff's Department 22,159 20,218 12,132 Shelby County Government 41,234 45,776 24,673 Tennessee Highway Patrol 0 2,368 4,495 City of Lakeland 0 0 155

Total Drug Fines 321,273 230,079 210,079

Other Felony Fines 151,767 132,634 128,985

DUI and Other Misdemeanor Fines 454,272 460,000 437,071

Other Driving Offense Fines 153,120 149,106 108,525

TOTAL FINES RECEIVED 1,080,432 971,819 879,660

69 EXCESS FEES

The Criminal Court Clerk’s Office collects fees for various services rendered as reflected in the following categories. This revenue is submitted to the Shelby County Government General Fund for use in the County’s operating budget.

The largest amount of excess revenue collected is through commissions. The Clerk retains a commission for collecting the cost due to other agencies. Agencies include the Memphis Police Department, Shelby County Sheriff’s Department, General Sessions Court Clerk and other local/municipal government agencies.

2005 2006 2007 Commissions Miscellaneous 163,255 148,298 201,481 State. of Tennessee 100,774 61,305 76,282 Shelby County 137,742 178,120 197,696 Dept. of Safety 14,093 14,599 8,831 Total Commissions 415,864 402,322 484,290 Interest Earned 27,566 56,473 87,422

Fees Clerk’s Collection Fee 212,362 255,755 272,016 Clerk’s Fees From Pd. Cases 700 148,298 265,665 Continuance Fee 273,953 222,698 386,000 Credit Card Fees 1,366 3,181 3,319 Escrow Collection Fee 112,555 96,601 79,978 Expungement Fee 9,835 13,954 20,100 Garnishment Fee 0 3,315 9,347 Driver’s License Reinst. Fee 9,928 16,742 21,540 Bond Service Fee 7,230 7,886 8,063 Fax Fee 349 124 75 Driver’s License Cert. Fee 2,235 4,312 4,792 Court Room Security Fees 0 1,688 9,100 Subpoena Fees 0 1,096 5,201 Victim Assistance Fees 0 0 792 Return Check Fees 0 0 1,446 Capias Forfeiture Fees 0 4,393 13,373 Delinquent Payment Fees 0 445 110 Record Check Fees 1,930 1,566 3,309 Bond Petitions 37,251 44,721 44,379 Petitions 48,737 57,266 168,778 Copies 7,166 6,835 2,722 Bartlett Arrest Fees 0 0 3,947 Collierville Arrest Fees 0 0 1,068 Germantown Arrest Fees 0 0 357 Memphis Arrest Fees 0 0 15,460 Millington Arrest Fees 0 0 1,044 Tenn. Hwy. Patrol Arrest Fees 0 0 173

Total Fees 725,597 890,876 1,342,154

ESCROW COLLECTIONS 2005 – 2007

RECEIVED FROM: STATE OF TENNESSEE COUNTY OF SHELBY DEFENDANT

FY2005 $1,576,877 $1,290,650 $1,332,628 FY2006 $3,257,305 $1,316,886 $1,115,515 FY2007 $2,135,476 $1,212,916 $1,167,885

Clerk Fees Collected 2004-2006 Clerk Fees Collected 2005-2007

$3,500,000 $3,000,000 $2,500,000 $2,000,000 FY2005 FY2006 $1,500,000 FY2007 $1,000,000 $500,000 $0 STATE OF TENNESSEE COUNTY OF SHELBY DEFENDANT

FINAL JUDGMENTS PAID BY BONDING COMPANIES

2005 - 2007

2005 2006 2007 Div. 1 33,050 9,100 9,100 Div. 2 4,500 7,250 20,600 Div. 3 11,450 9,100 12,250 Div. 4 10,000 21,350 1,250 Div. 5 37,100 84,800 62,300 Div. 6 3,600 14,950 8,500 Div. 7 23,750 6,700 2,350 Div. 8 5,350 62,850 42,000 Div. 9 45,500 12,000 8,250 Div. 10 65,950 25,600 4,200 Total 240,250 253,700 170,800

90,000 80,000 70,000 60,000 2005 50,000 2006 40,000 2007 30,000 20,000 10,000 0

7 Div. 1 Div. 3 Div. 5 Div. Div. 9

BOND EXONERATIONS BY DIVISION

2005 – 2007

2005 2006 2007 DIV 1 492,500 866,370 815,500 DIV 2 707,600 1,636,500 639,500 DIV 3 693,300 610,750 636,600 DIV 4 649,500 966,050 838,000 DIV 5 675,750 487,500 515,250 DIV 6 498,500 695,100 1,038,500 DIV 7 519,200 658,150 885,000 DIV 8 733,400 500,000 692,500 DIV 9 830,250 808,000 537,100 DIV 10 370,000 596,000 635,750 TOTALS 6,170,000 7,824,420 7,233,700

1,800,000

1,600,000

1,400,000 2005 1,200,000 2006 1,000,000 2007 800,000

600,000

400,000

200,000

0 DIV 1 DIV 2 DIV 3 DIV 4 DIV 5 DIV 6 DIV 7 DIV 8 DIV 9 DIV 10

MISCELLANEOUS DATA

• HOW MANY INMATES ARE INCARCERATED IN ADULT INSTITUTIONS IN TENNESSEE? On June 9, 2008, there were 18,386 males and 1,155 females assigned to TDOC facilities, for a total of 19,541 inmates, incarcerated in Tennessee’s adult institutions.

• HOW MANY OFFENDERS ARE ON PROBATION IN TENNESSEE? On June 30, 2007, there were 45,741offenders on regular and intensive probation.

• HOW MANY OFFENDERS IN TENNESSEE ARE IN COMMUNITY CORRECTION PROGRAMS? On June 30, 2007, the Community Correction population was 6,604.

• HOW MANY OFFENDERS ARE ON PAROLE IN TENNESSEE? On June 30, 2007, the parole caseload was 10,163.

• WHAT PERCENT OF THE TENNESSEE PRISON POPULATION IS INCARCERATED ON A HOMICIDE OR ATTEMPTED HOMICIDE CHARGE? As of June 9, 2008, the percent of the Tennessee prison population incarcerated for the crime of homicide was 23.84%. This figure includes charges of Murder 1, Murder 2, Accessory to Murder, and other homicides.

• WHAT PERCENT OF THE TENNESSEE PRISON POPULATION ARE SEX OFFENDERS? As of June 9, 2008, the percent of the Tennessee prison population incarcerated for a sex offense was 14.93%. This figure includes charges of Rape, Aggravated Rape, Aggravated Sexual Battery, and other sexual offenses.

• WHAT PERCENT OF THE TENNESSEE PRISON POPULATION ARE DRUG OFFENDERS? As of June 9, 2008, the percent of the Tennessee prison population incarcerated for drug offenses was 16.54%.

• HOW MUCH DOES IT COST PER DAY TO HOUSE A TDOC INMATE? In Fiscal Year 2006/2007, the average cost-per-day to house a TDOC inmate was $60.84. The cost to house a death row inmate was $90.20.

• HOW MANY INMATES ARE ON DEATH ROW IN TENNESSEE? On June 9, 2008, there were 88 males and 2 females on death row in Tennessee totaling 90 inmates.

HOW MANY INMATES UNDER 18 YEARS OF AGE ARE IN ADULT INSTITUTIONS? On June 9, 2008, there were 16 juvenile offenders incarcerated in Tennessee adult prisons.

• WHAT METHOD OF EXECUTION IS USED IN TENNESSEE? Lethal injection is now the primary method of execution in Tennessee. Legislation was passed in March of 2000 specifying lethal injection for all inmates sentenced to death except for death row inmates who committed their crime prior to January 1, 1999. The method of execution for those inmates shall be lethal injection unless electrocution is specifically requested.

• WHEN WAS THE LAST EXECUTION IN TENNESSEE? The last execution in Tennessee was on September 12, 2007. Daryl Holton was put to death by electrocution for the crime of First Degree Murder.

• HOW MANY INMATES ARE SERVING LIFE SENTENCES? As of June 10, 2008, there were 1,762 offenders serving life sentences (i.e., life, life minimum and habitual) and 260 are serving life sentences without parole.

GLOSSARY OF TERMS

ACQUIT – To find a defendant not guilty in a criminal trial.

ACQUITTED – Released; absolved; purged of an accusation; judicially discharged from accusation; released from debt, etc. Includes both civil and criminal cases.

AD HOC – For this, for this special purpose, an attorney ad hoc, or a guardian or curator ad hoc, is one appointed for a special purpose, generally to represent the client of infant in the particular action in which the appointment is made.

AD TESTIFICANDUM – To testify. Type of writ of habeas corpus used to bring prisoner to court to testify.

ADJUDICATION – A judgment or decree.

AFFIDAVIT – A written or printed declaration or statement under oath.

AFFIRM – The ruling of an appellate court that the judgment of a lower court is correct and should stand.

APPEAL – The review of a case by a higher court.

APPEARANCE BOND – Bond required to insure presence of defendant in criminal case.

APPELLEE – The party against whom an appeal is filed.

ARBITRATION – The hearing and settlement of a dispute between opposing parties by a third party whose decision the parties have agreed to accept.

ARRAIGNMENT – A court hearing in a criminal case where a defendant is advised of the charges and asked to plead guilty or not guilty. Most arraignments in Tennessee are held in General Sessions Court.

AS PROSEQUENDAM – To prosecute.

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BAIL BOND – An agreement by a third party to pay a certain sum of money if the defendant fails to appear in court.

BENCH TRIAL – Trial held before judge sitting without a jury; jury waived trial.

BENCH WARRANT – Process issued by the court or “from the bench” for the attachment or arrest of a person.

BINDING OVER (BIND OVER) – The act by which a court or magistrate requires a person to enter into a recognizance or furnish bail to appear for trial, to keep the peace, to attend as a witness, etc. Also describes act of lower court in transferring case to higher court or to grand jury after a finding of probable cause to believe that defendant committed crime.

BONDSMAN – A surety; one who has entered into a bond as surety; e.g. bail bondsman.

BRIEF – A legal document, prepared by and attorney, which presents the law and facts supporting his or her client.

CASELOAD – The number of cases a judge handles.

CENTIORARI – A procedure for removing a case from a lower court to a higher court for review.

CHANGE OF VENUE – Moving a case from one court, or location, to another.

CIVIL LAW – All law that is not criminal law.

CLASS – There are five classifications of felonies and three classifications of misdemeanors. With the exception of murder in the first degree, all felonies in the Revised Criminal Code, in the old Title 39 and in titles other than Title 39 are classified. Each felony has an A, B, C, D, or E classification. “A” is the most serious and “E” is the least serious. Each misdemeanor has an A, B, or C classification with “A” being most serious and “C” being least serious. Murder in the first degree carries three possible penalties: life (with the possibility of parole), life without parole, and death.

CODE – A collection of laws promulgated by legislative authority.

COMMON LAW – A system of jurisprudence based on precedent rather than statutory laws.

COMMUTATION – Change of punishment from a greater to a lesser degree or ending a sentence that has been partially served.

77 CORPUS DELICTI – The body or material substance upon which crime has been committed; e.g., the corpse of a murdered person or the charred remains of burned house.

CORAM NOBIS – In our presence, before us. The office of “writ of coram nobis” is to bring attention of court to, and obtain relief from errors of fact, such as a valid defense existing in facts of case, but which, without negligence on defendant’s part, was not made, either through duress of fraud or excusable mistake, where facts did not appear on face of record, and were such as, if known in season, would have prevented rendition of the judgment questioned. The essence of coram nobis is that it is addressed to the very court, which renders the judgment in which injustice is alleged to have been done. In contrast to appeals or review directed to another court; the words “coram nobis”, meaning “our court”, as compared to the common-law writ of coram vobis, meaning “your court”, clearly point this up.

DE NOVO – “Anew.” A trial de novo is a completely new trial.

DECLARATORY JUDGMENT – A judgment declaring the rights of the parties on a question of law.

DECREE – Decision or order of the court. A final decree completes the suit; an interlocutory decree is provisional or preliminary.

DEFAULT JUDGMENT – Under Rules of Civil Procedure, when a party against whom a judgment for affirmative relief is sought has failed to plead (i.e., answer) or otherwise defend, he is in default and a judgment by default may be entered either by the clerk or the court.

DEFENDANT – A person charged with a crime or a person against whom a civil action is brought.

DEPOSITION – Sworn testimony taken outside the courtroom according to the rules of the court.

DISCOVERY – A pretrial proceeding where a party to an action may be informed of the facts known by other parties or witnesses.

DOCKET - Book containing entries of all proceedings in a court.

DOUBLE JEOPARDY – Prohibition against more than one prosecution for the same crime.

DUE PROCESS – Constitutional guarantee that an accused person receives a fair and impartial trial.

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EN BANC – “On the bench.” All judges of a court sitting together to hear a case.

ERROR CORAM NOBIS – Error committed in the proceedings “before us”; i.e. error assigned as a ground for reviewing, modifying, or vacating a judgment in the same court in which it was rendered. A writ to bring before the court that pronounced judgment errors in matters of fact which had not been put in issue or passed on and were material to validity and regularity of legal proceeding itself.

ET AL – “And others”.

EVIDENCE - Any species of proof, or probative matter, legally presented at the trial of an issuer, by the act or the parties and through the medium of witnesses, records, documents, exhibits, concrete objects, etc. for the purpose of inducing belief in the minds of the court or jury as to their contention. Testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact.

EXCULPATORY – Clearing or tending to clear from alleged fault or guilty; excusing.

EXHIBIT – An item of physical/tangible evidence, which is to be or has been offered to the court of inspection.

EX OFFICIO JUSTICES – Judges who serve in a particular capacity by reason of their office as a judge who serves on a commission or board because the law requires a particular judge to serve thereon and not because he is selected for such post. May also refer to one who exercises judicial functions by reason of his office.

EX PARTE – A proceeding brought for the benefit of one party only without notice to or challenge by an adverse party.

EX PARTE HEARING – Hearings in which the court or tribunal hears only one side of the controversy.

EXONERATION – The removal of a burden, charge, responsibility, or duty.

EXPUNGEMENT OF THE RECORD – Process by which record of criminal case is destroyed or sealed after expiration of time.

FELONY – A serious criminal offense for which the minimum sentence is one year.

FIDELITY AND GUARANTY INSURANCE – A contract of fidelity or guaranty insurance is one whereby the insurer, for a valuable consideration, agrees, subject to certain conditions, to indemnify the insured against loss consequent upon the dishonesty or default of a designated person. Guaranty insurance, used in its broad sense, also includes credit insurance, and the title insurance, as well as the numerous forms of surety bonds.

FIERI FACIAS – Lat. Means that you “cause (it) to be done.” A writ of execution commanding the sheriff to levy and make the amount of a judgment from the goods and chattels of the judgment debtor.

FINDING OR FACT – Determinations from the evidence of a case, either by court or an administrative agency, concerning facts averred by one party and denied by another. A determination of a fact by the court, and founded on evidence in case.

FINE – A pecuniary punishment imposed by lawful tribunal upon person convicted of crime or misdemeanor. A monetary penalty. It may include a forfeiture or penalty recoverable in a civil action, and in criminal convictions, may be in addition to imprisonment.

FISCAL – In general, having to do with financial matters; i.e. money taxes, public or private revenues, etc. Belonging to the fisc, or public treasury. Relating to accounts or the management of revenue. Of or pertaining to the public finances of a government or private finance of business.

FORENSIC – Belonging to courts of justice.

FORENSIC MEDICINE – That science which teaches the application of every branch of medical knowledge to the purposes of the law; hence its limits are, on the one hand, the requirements of the law, and, on the other, the whole range of medicine. Anatomy, physiology, medicine, surgery, chemistry, physics, and botany lend their aid as necessity arises; and in some cases all these branches of science are required to enable a court of law to arrive at a proper conclusion on a contested question affecting life or property.

FORFEITURE OF BOND – A failure to perform the condition upon which obligor was to be excused from the penalty in the bond. With respect to a bail bond, occurs when the accused fails to appear for trial.

FORMAN or FOREPERSON – The presiding member of a grand or petit jury, who speaks or answers for the jury.

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GO HENCE – To depart from the court; with the further implication that a suitor who is directed to “go hence” is dismissed from further attendance upon the court in respect to the suit or proceeding which brought him there.

GRAND JURY - A panel of citizens sworn to inquire into crimes and if appropriate, bring indictments against the suspects.

GUILTY PLEA - Formal admission in court as to guilty which defendant may make if he or she does so intelligently and voluntarily; i.e. accused can only make such plea after he or she has been fully advised of rights and court has determined that accused understands such rights and in making plea voluntarily.

HABEAS CORPUS – “You have the body.” A writ of habeas corpus requires that a person be brought before a judge. It is usually used to direct an official to produce a prisoner so the court may determine if liberty has been denied without due process.

HABEAS CORPUS AD PROSEQUENDUM – A writ, which issues when it is necessary to remove a prisoner in order to prosecute in the proper jurisdiction wherein the fact, was committed.

HABEAS CORPUS AD TESTIFICANDUM – At common law, the writ, meaning, “you have the body to testify”, used to bring up a prisoner detained in a jail or prison to give evidence before the court.

HABITUAL CRIMINAL – A legal category created by statute in many states by which severe penalties ranging up to life imprisonment can be imposed on criminals convicted of any crime the third or fourth time. In general, habitual offender statutes impose greater sentences on offender for repeated crimes, with life imprisonment being imposed upon commission of several felonies.

HAHISH – Drug that is formed of resin scraped from the flowering top of the cannabis plant, as distinguished from marijuana that consists of the chopped leaves and stems of the cannabis plant.

HALLUCINEOGENIC DRUG – Drugs that induce hallucinations, such as mescaline, LSD, and the like.

HEARSAY – A statement, other than one made by the declarant while testifying at the trial or hearing offered in evidence to prove the truth of the matter asserted. “Hearsay evidence” is evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated.

HOMICIDE – The killing of one human being by the act, procurement, or omission of another. The act of a human being in taking away the life of another human being. A person is guilty of criminal homicide if he purposely, knowingly, recklessly or negligently causes the death of another human being. Criminal homicide is murder, manslaughter or negligent homicide.

HOSTILE WITNESS – A witness who manifests so much hostility or prejudice under examination in chief that the party who has called him, or his representative, is allowed to cross-examine him, i.e., to treat him as though he had been called by the opposite party. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions. Fed. Evid. R.611.

HUNG JURY – A jury so irreconcilably divided in opinion that they cannot agree upon any verdict.

INDICTMENT – Written accusation of a grand jury charging a crime.

INFAMOUS – Shameful or disgraceful. Possessing notorious reputation. Famous or well known in a derogatory sense.

INJUNCTION – Court orders prohibiting specific actions from being carried out.

INSTANTER – Immediately; directly; without delay; at once.

INTERROGATORIES – Written questions that must be answered under oath.

INTOXICATION – Term comprehends situation where, by reason of drinking intoxicants, and individual does not have the normal use of his physical or mental faculties, thus rendering him incapable of acting in the manner in which an ordinarily prudent and cautious man, in full possession of his faculties, using reasonable care, would act under like conditions.

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JUDGMENT – Final determination by a court.

JUDGMENT DOCUMENT – Document that explains the sentence an offender receives from a trial court.

JURIS – Lat. Of right; of law.

JURISPRUDENCE – The science of law.

JURY – A certain number of men and women selected according to law, and sworn (jurati) to inquire of certain matters of fact, and declare the truth upon evidence to be laid before them. A jury is a body of persons temporarily selected from the citizens of a particular district, and invested with power to present or indict a person for a public offense, or to try a question of fact.

JURY COMMISSIONER – An officer charged with the duty of selecting the names to be put into the jury wheel, or of drawing the panel of jurors for a particular term of court. Local official responsible for collecting lists of qualified prospective jurors for submission to court.

JURY INSTRUCTIONS – A direction given by the judge to the jury concerning the law of the case; a statement made by the judge to the jury informing them of the law applicable to the case in general or some aspect of it; an exposition or the rules or principles of law applicable to the case or some branch or phase of it, which the jury are bound to accept and apply.

LIMITED JURISDICTION – Courts limited in the types of criminal and civil cases they may hear.

LITIGANT – Person or group engaged in a lawsuit.

MALICIOUS – Characterized by, or involving, malice; having, or done with, wicked or mischievous intentions or motives; wrongful and done intentionally without just cause or excuse.

MANDAMUS – Lat. We command. This is the name of a writ which issues from a court of superior jurisdiction, and is directed to a private or municipal corporation, or any of its officers, or to an executive, administrative or judicial officer, or to an inferior court, commanding the performance of a particular act therein specified, and belonging to his or their public, official, or ministerial duty, or directing the restoration of the complainant to rights or privileges of which he has been illegally deprived.

MANDATE – A command, order, or direction, written or oral, which court is authorized to give and person is bound to obey.

MISDEMEANOR – Criminal offense that is less than a felony and punishable by less than a year in jail.

MITIGATING CIRCUMSTANCES – Do not justify or excuse an offense, but may be considered as reasons for reducing the degree of blame.

MITTIMUS – Lat. “we send.” The name of a percept in writing, issuing from a court or magistrate, directed to the sheriff or other officer, commanding him to convey to the prison the person named therein, and to the jailer, commanding him to receive and safely keep such person until he shall be delivered by due course of law.

MOOT – Unsettled or undecided.

MOTION – Oral or written request made to a court or judge for purpose of obtaining a rule or order directing some act to be done in favor of the applicant.

NEGLIGENCE – The absence of ordinary care.

NOLLE PROSEQUI – Lat. A formal entry upon the record by the prosecuting officer in a criminal action, by which he declares that he “will no further prosecute” the case, either as to some of the defendants, or altogether. Commonly called “nol Pros”.

NOLO CONTENDERE – Latin phrase meaning, “I will not contest it”; a plea in a criminal case that has a similar legal effect as pleading guilty. A defendant may plead nolo contendere only with the consent of the court.

NOTICE OF APPEAL – A document giving notice of an intention to appeal filed with the appellate court and served on the opposing party.

NULLA BONA – Lat. No goods. The name of the return made by the sheriff to a writ of execution, when he has not found any goods of the defendant within his jurisdiction on which he could levy.

84 NUNC PRO TUNC – Lat. Now for then. A phrase applied to acts allowed to be done after the time when they should be done, with a retroactive effect, i.e., with the same effect as if regularly done. Nunc pro tunc entry is an entry made now of something actually previously done to have effect of former date.

OPINION-PER CURIAM – Phrase used to distinguish an opinion of the whole court from an opinion written by only one judge.

OPUS – Lat. Work; labor; the product of work or labor.

ORDER – A mandate; precept; command or direction authority given; rule or regulation.

PAROLE – The conditional and revocable release of an inmate by the Board of Paroles to parole supervision.

PER SE – Lat. By himself or itself; in itself; taken alone; inherently; in isolation; unconnected with other matters.

PEREMPTORY CHALLENGE – The right to challenge a juror without assigning a reason for the challenge. In most jurisdictions each party of an action, both civil and criminal, has a specified number of such challenges.

PERJURY – In criminal law, the willful assertion as to a matter of fact, opinion, belief, or knowledge, made by a witness in a judicial proceeding as part of his evidence upon or in any form allowed by law to be substituted for an oath, or in an affidavit, or otherwise, such assertion being material to the issue or point of inquiry and known to such witness to be false.

PETIT – Fr. Small; minor; inconsiderable. Used in several compounds, and sometimes written “petty”.

PLAINTIFF – A person who brings and action; the party who complains or sues in a civil action and is so named on the record. A person who seeks remedial relief for an injury to rights; it designates a complainant.

POST-CONVICTION REMEDIES – Almost every state has one or more post- conviction procedures that permit prisoners to challenge at least some constitutional violations.

POST-MORTEM – After death; pertaining to matters occurring after death. A term generally applied to an autopsy or examination of a dead body, to ascertain the cause of death or to the inquisition for that purpose by the coroner.

POSTHUMOUS – That which is done after the death of a person.

POWER OF ATTORNEY – Document authorizing another to act as one’s agent or attorney in fact (not an attorney at law).

PRE-TRIAL DIVERSION – A system of recent origin by which certain defendants in criminal cases are referred to community agencies prior to trial while their criminal complaints or indictments are held in abeyance. The defendant may be given job training, counseling, and education. If he responds successfully within a specified period, the charges against him are commonly dismissed.

PRESUMPTION – A presumption is a rule of law, statutory or juridical, by which finding of a basic fact gives rise to existence of presumed fact, until presumption is rebutted.

PRIMA FACIE – Lat. At fist sight; on the first appearance on the face of it; so far as can be judged from the first disclosure; presumably; a fact presumed to be true unless disproved by some evidence to the contrary.

PROBABLE CAUSE – Reasonable cause; having more evidence for than against.

PROBATE – The legal process of establishing the validity of a will and settling an estate.

PROBATION – A sentence of confinement that is suspended upon a term of probation supervision. It may include community services or restitution or both. Probation must automatically be considered if the defendant is eligible.

PRO BONO – Legal services provided without attorney fees.

PRO SE – Legal representation of oneself.

PRO TEM – “Temporary”.

QUASH – To overthrow; to abate; to vacate; to annul; to make void; e.g. to quash and indictment.

QUORUM – A majority of the entire body. The number of members in a deliberative body who must be present before business may be transacted.

RECOGNIZANCE – An obligation entered into before a court or magistrate duly authorized for that purpose whereby the recognizer acknowledges that he will do some act required by law which is specified therein.

REMAND – To send back.

RESCIND – To abrogate, annul, avoid, or cancel a contract.

SENTENCE, CONCURRENT - Two or more sentences that run at the same time.

SENTENCE, CONSECUTIVE – Two or more sentences that run one after another (running wild).

SENTENCE, DETERMINATE – A sentence that states exactly the time to be served or money to be paid.

SEQUESTER A JURY – To place members of a jury into 24-hour day seclusion until a verdict is reached (locked up jury).

SETTLEMENT CONFERENCE – A meeting between parties of a lawsuit, their attorneys and a judge to attempt a resolution of the dispute without a trial.

STATUTE – A law created by the Legislature.

STAY – Halting a judicial proceeding by order of the court.

SUBPOENA – A written legal notice requiring a person to appear in court and give testimony or produce documentary evidence.

SUBPOENA DUCES TECUM – “Under penalty you shall take it with you”. A process by which the court commands a witness to produce specific documents or records in a trial.

TANGIBLE EVIDENCE – Evidence that consists of something which can be seen or touched, e.g. gun in homicide trial. In contrast to testimonial evidence, tangible in real evidence.

TORT – An injury or wrong committed with or without force to the person or property of another giving rise to a claim for damages.

TOXICOLOGY – The science of poisons; that department of medical science which treats poisons, their effect, their recognition, their antidotes, and generally or the diagnosis and therapeutics of poisoning.

TRUE BILL – The endorsement made by a grand jury upon a bill of indictment when they find it sustained by the evidence laid before them, and is satisfied of the truth of the truth of the accusation.

87 V

VENUE – The specific county, city or geographical area in which a court has jurisdiction.

VERBATIM – Being in or following the exact words: word for word.

VERSUS – Lat. Against. In the title of a cause, the name of the plaintiff is put first, followed by the word “versus,” then the defendant’s name. The word is commonly abbreviated “vs.” or “v”.

VOIR DIRE – (pronounced “vwar-deer”) – “To speak the truth.” The process of preliminary examination of prospective jurors regarding their qualifications.

WRIT – A written court order directing a person to perform or refrain from performing a specific act.

WRIT OF MANDAMUS – An order issued by a court of superior jurisdiction commanding performance of a particular act by an inferior court or public official.